The historic decision of the Supreme Court has come. Children born out of invalid and void marriage will also get the right in the ancestral property of the parents.
Such children will also get share along with valid legal heirs. The Supreme Court pronounced this new verdict.
Till now, such children used to get a share only in the self-acquired property of the parents. The scope of Section 16(3) of the Hindu Marriage Act has been expanded. After 11 years, the Supreme Court settled this case.
This important decision of Supreme Court Chief Justice (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra came on Friday.
Section 16(3) of the Hindu Marriage Act states that children born out of an invalid and void marriage will not have rights in the ancestral property of their parents.
The court had to decide whether children born out of an invalid and void marriage have rights in the ancestral property of their parents as per Hindu law or not?
Also, if both the parents separate before the death of the father, then will the child born in such a situation be entitled to the property inherited from the father’s side or not?
The Supreme Court had reserved its decision in this case on August 18 after hearing all the arguments.
A bench of CJI Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra heard the effect of expanding the scope of Section 16 (3) of the Hindu Marriage Act 1955.
During the hearing, CJI Justice Chandrachud while explaining the major provisions of the Hindu Succession Act said that the Hindu Succession Act was amended in 2005.
Regarding its section 6, it is said that according to the petition, the Hindu male had died in the period after the notification of the Act and before the substitution. In such case, if he holds Hindu joint family property, his share will be devolved by survivorship and not as per the provisions of the Act.
Will children born out of a void or voidable marriage have rights in the ancestral property of their parents as per Hindu law?
The Supreme Court had discussed whether in case of a notional partition before the death of the father, a child born to the said father out of a void or voidable marriage would be entitled to the property inherited by the father in the said notional partition.
During the hearing, CJI Justice Chandrachud while explaining the major provisions of the Hindu Succession Act said that the Hindu Succession Act was amended in 2005. Regarding its section 6, it is said that according to the petition, the Hindu male had died in the period after the notification of the Act and before the substitution. In such case, if he holds Hindu joint family property, his share will be devolved by survivorship and not as per the provisions of the Act.
Will children born out of a void or voidable marriage have rights in the ancestral property of their parents as per Hindu law?
The Supreme Court had discussed whether in case of a notional partition before the death of the father, a child born to the said father out of a void or voidable marriage would be entitled to the property inherited by the father in the said notional partition?
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra was hearing a reference in Revanasiddappa v. Mallikarjuna (2011) 11 SCC 1 with regard to the scope of Section 16(3) of the Hindu Marriage Act, 1955.
The appellant side also argued that the case pertains to children who were actually considered legitimate before the enactment of the Hindu Marriage Act in 1955. The petitioners had said in the hearing held on August 14 that before 1955, bigamy was not a crime. Therefore, all children born from second or third marriage were coparceners. A Hindu cannot be valid for marriage and invalid for Hindu succession. If the condition for a child to be considered legitimate for the purposes of law is that he be born to his father, then the child also fulfills the conditions of being a coparcener.
However, the Supreme Court clarified that only the inherited property of the parents would go to such a child. Although in many Hindu families, as per the Hindu Family Law, the property of grandparents, uncles also went to the child, but according to today’s decision, such a child will only get the property inherited from his grandparents, not the property of the parents. Apart from no other relative.
The Supreme Court observed that “children born out of a void/void marriage are entitled to a share in the property of their deceased parent, which would have been allotted to them on a notional partition of the Hindu coparcenary property. Apart from this, no other coparcener is entitled to the property.
The Supreme Court was interpreting Section 16(3) of the Hindu Marriage Act, which makes it clear that illegitimate children have rights only on the property of their parents and no one else.
