New Delhi, April 1 (PTI): Children born of unmarried couples are entitled to the property their parents inherit, not just the property the parents acquire on their own, the Supreme Court ruled today.

The apex court’s decision ran contrary to its earlier rulings that had restricted the entitlement of illegitimate children to the property acquired by their parents.

A bench of Justices G.S. Singhvi and A.K. Ganguly said such children could not be deprived of rights given to children “born in valid marriage”.

“The court has to remember that… the birth of a child in such a relationship has to be viewed independently of the relationship of the parents.” The bench disagreed with the Supreme Court’s earlier decisions, which had prevented illegitimate children from inheriting ancestral property.

But the court warned: “During the lifetime of their parents, such children cannot ask for partition (of property) but they can exercise this right after the death of their parents,” it said.

The bench requested the Chief Justice of India to set up a Constitution bench to examine the issue.