The Kerala High Court ruled that a daughter born within four months of marriage is legally presumed to be legitimate and entitled to an equal share in her father’s property. The Court set aside a trial court decree, holding that conception before marriage does not defeat the presumption of legitimacy under law.
Kerala High Court held that a wife is entitled to half share in property registered solely in her husband’s name if her monetary contribution is proved, stating the transaction “partakes the character of a trust.” The Court ruled that Section 92 of the Evidence Act cannot prevent her from claiming her rightful share.
