Child Born Out Of Void Or Voidable Marriage Can Claim Right On Their Parent’s Ancestral Property In Joint Hindu Family: Supreme Court of India






Case Title: Revanasiddappa vs Mallikarjun

A bench of Chief Justice of India DY Chandrachud with Justice JB Pardiwala and Justice Manoj Misra ruled that child born out of void or voidable marriages can claim their right on parent’s ancestral property in Hindu joint family. 

The bench held that the child under Section 16(1) and Section 16(2) of Hindu Marriage would be a legitimate kin under Hindu Succession Act .

It had been called to decide that, under section 16(3) of Hindu Marriage Act, the share of child born out of void or voidable marriage is only limited to the self-acquired property by the parents.

The bench opined that the provisions of Hindu Succession Act have to be harmonized with Hindu Marriage Act to ensure about the child under section 16(1) and 16(2) of Hindu Marriage Act has a right in the property of their parents.

Under section 16(3) of the Hindu Marriage Act, the child who were born out of the void or voidable marriage cannot be construed as conferring upon their rights to the property of any person, other than the parents, in cases where they would not be capable of possessing or acquiring any such rights in the absence of the Act.

The apex court in the year 2011 has disagreed with the judgement of the supreme court passed in the year 2010, and had held that the child born out of the void or voidable marriages have right to self-acquired and ancestral property which was referred to the bench for observing the same.

“The question which crops up in the facts of this case is whether illegitimate children are entitled to a share in the coparcenary (ancestral) property or whether their share is limited only to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act.”

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