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

Children Of “Invalid Marriages” To Get Share In Parents’ Property: Supreme Court

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Significantly, this verdict is overturns with earlier findings of the Supreme Court, which said children from “invalid marriages” could have no right in parents’ ancestral property.

New Delhi:¬†Children from “invalid marriages” are entitled to a share of their parents’ property, the Supreme Court said Friday, explaining such children had been statutorily conferred with legitimacy. They can, however, claim rights as per Hindu Succession law alone, the court said.

Significantly, this verdict is overturns with earlier findings of the court, which said¬†children from “invalid marriages” could only have rights to their parents’ self-acquired property.

“A child born of void or voidable marriage is not entitled to claim inheritance in ancestral copercenary property but is entitled only to claim share in self-acquired properties, if any,” the court had said then as it quashed a Madras High Court judgement which took the view that children born out of live-in relationships were entitled to a share in ancestral property.

Earlier this month a bench led by Chief Justice DY Chandrachud reserved its verdict on a 2011 plea asking if children from “invalid marriages” were entitled to a share in parents’ property under Hindu laws. The court was also to decide if such shares are limited to only self-acquired properties of the parents as under relevant sections of the Hindu Marriage Act.

These questions were referred by a two-judge bench of the court in March 2011.

The court had then said that provisions in question make it clear a child of a “void or voidable marriage” could only claim rights to the property of his parents, and no one else.

According to Hindu law, in a “void” marriage, parties do not have status of “husband” and “wife”. As per the statute, however, they do have this status in a “voidable” marriage.

Also, in a “void” marriage, no decree of nullity is required to annul the marriage. However, in a “voidable” marriage such a decree of nullity is required.

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