Children Of 'Invalid Marriages' Entitled To Share In Parents' Property: Supreme Court

The Supreme Court however, said that the ruling was applicable only to Hindu joint family properties.

The verdict was given by a three-judge bench of the Supreme Court led by Chief Justice of India DY Chandrachud

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The Supreme Court on Friday said children born out of void or invalid marriages were entitled to a share in the property of their deceased parents. The Supreme Court clarified that the ruling was applicable only to Hindu joint family properties governed by Hindu Mitakshara law, Live Law reported.

A three-judge bench of the Supreme Court led by Chief Justice of India DY Chandrachud, however, said such children were not entitled to the properties of any coparcenor other than their parents.

"A child of a marriage which is null and void is statutorily conferred with the legitimacy. In terms of 16(2) (of the Hindu Marriage Act) where a voidable marriage is annulled, a child begotten before degree is deemed to be legitimate," the Supreme Court said, PTI reported.

"Equal rights have been granted to daughters in the same manner," the court said.

In a marriage declared void, the man and woman do not have the status of husband and wife, as per the Hindu law.

Earlier this month, the apex court concluded its deliberations and reserved its verdict on a 2011 petition that sought clarification on whether children born from "invalid marriages" were eligible to claim a share in their parents' property as per Hindu laws. The court also had to determine if such claims were confined solely to properties acquired by the parents themselves, as outlined in the relevant sections of the Hindu Marriage Act.

In 2011, a two-judge bench held that children born out of invalid marriages were entitled to inherit their parents' properties, whether self-acquired or ancestral.

The issue had brought into focus the interpretation of Section 16 of the Hindu Marriage Act of 1955. This section addresses the legitimacy of children born from "invalid marriages". However, Section 16(3) stipulates that such children are entitled to inherit solely their parents' property and do not possess right to claim other coparcenary shares, Live Law reported.