In a significant legal development, the Supreme Court of India has issued a ruling that grants inheritance rights to children born out of void or voidable marriages. This landmark decision applies specifically to Hindu joint family properties governed by Hindu Mitakshara Law and has far-reaching implications for family law and property rights in the country.
The verdict, delivered by a three-judge bench led by Chief Justice of India DY Chandrachud, clarifies a previous judgment in the case of Revanasiddappa vs. Mallikarjun (2011). The 2011 judgment held that children born out of void or voidable marriages should be entitled to inherit their parents’ property, whether it is self-acquired or ancestral. However, the recent ruling delves deeper into the intricacies of inheritance rights in such cases.
Under the interpretation of Section 16(3) of the Hindu Marriage Act 1955, children born out of invalid marriages are conferred with legitimacy. However, Section 16(3) stipulates that these children have the right to inherit their parents’ property but do not hold any claim over other coparcenary shares. The Supreme Court’s decision reaffirms the legitimacy of these children in the context of inheritance.
To provide context, the bench referred to Section 6 of the Hindu Succession Act, which defines the interest of coparceners in a Hindu Mitakshara property. It specifies that their interest is equivalent to the share they would have received if the partition of the property had occurred immediately before their death. This legal interpretation sheds light on the rights and entitlements of children born from void or voidable marriages when it comes to inheriting family property.
In the 2011 judgment, it was emphasized that the birth of a child in such a relationship should be considered independently of the marital status of the parents. These children, born out of relationships that are either void or voidable in the eyes of the law, are regarded as innocent and are entitled to the same rights as children born in valid marriages. The recent Supreme Court ruling builds upon this principle, solidifying the inheritance rights of such children in Hindu joint family properties.
This legal development marks a significant step toward addressing complex family dynamics and property rights in India. It underscores the evolving understanding of family law in the country, emphasizing the principle that the legitimacy of children should not be compromised due to the status of their parents’ marriage.
As India’s legal landscape continues to adapt to changing societal norms and evolving family structures, the Supreme Court’s decision sets a precedent for the fair and equitable treatment of all children, regardless of the circumstances of their birth.
Sources By Agencies
