An admission by a father that his illegitimate child is legitimate binding on his successors?

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The Privy Council in Gopal Das and Anr. v. Sri Thakurji and Ors.   MANU/PR/0002/1943 : AIR 1943 PC 83, held that a statement made by a person is not only evidence against the person but is also evidence against those who claim through him. Section 18 of the Act lays down the conditions and the requirements satisfied for applying to a statement as an admission. We keep in our perspective Sections 17 and 18 of the Act while appreciating Exs. B-3 and B-6. {Para 14}

15.1. A mere perusal of the preface to Ex. B-6, mortgage deed, would show that Muthusamy Gounder treated Appellant No. 1, Respondent No. 1 and Respondent No. 3 as his sons. The document was executed for himself and on behalf of his minor sons. The statement is made by Muthusamy Gounder during the subsistence of his interest in the property mortgaged. Respondent No. 3 definitely claims through Muthusamy Gounder for the half share notionally partitioned in favour of Muthusamy Gounder. The Appellants also rely on the patta dated 27.04.1984 (Ex. B-3) standing in the name of Muthusamy Gounder and his sons; the voters lists, viz., Exs. B-4 and B-5, to show that Muthusamy Gounder and his sons lived as a family. By applying Sections 17 and 18 of the Act, we are convinced that Muthusamy Gounder made a statement describing Appellant No. 1 and Respondent No. 1 as his sons and treated as an admission by record. This statement satisfies the ingredients of Section 18 of the Act. Further, in the absence of contrary evidence and withdrawal of admission or explained through admissible evidence, the admission in the mortgage deed, viz., Ex. B-6, coupled with the joint patta and voters lists, declares the status of Appellant No. 1, Respondent No. 1, along with Respondent No. 3 as the sons of Muthusamy Gounder. At this juncture, we notice that the status derived through an admission in Ex. B-3 vis-�-vis Appellant No. 1 as a natural corollary could be extended to Appellant No. 3 as a child/daughter of Muthusamy Gounder. This is an inescapable consequential conclusion which the Court has to record.


 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 600 of 2024 

Decided On: 19.01.2024

Raja Gounder and Ors. Vs. M. Sengodan and Ors.

Hon'ble Judges/Coram:

M.M. Sundresh and S.V. Bhatti, JJ.

Author: S.V. Bhatti, J.

Citation: MANU/SC/0047/2024.

1. Leave granted



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