Children of ‘invalid marriages’ entitled to share in parents’ property in Hindu joint family: SC

The Supreme Court on Friday said that children born out of void or invalid marriages were entitled to a share in their parents’ property. However, the ruling only applies to Hindu joint family properties which were governed by the Hindu Succession Act, the apex court said.

A three-judge bench of the Supreme Court led by Chief Justice of India DY Chandrachud said that children born out of void and invalid marriages had been statutorily conferred with legitimacy and can thus claim a share in the property of their deceased parents. However, the children are not entitled to the properties of any coparcener 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.

“Equal rights have been granted to daughters in the same manner,” the court added.

SC overturns decision denying children of ‘invalid marriages’ right to ancestral property

The decision overturns a 2011 ruling from the Supreme Court, when a two-judge bench ruled that children born out of a live-in can only inherit the self-acquired property of their parents, not the ancestral 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 ruled.