Supreme Court, Children born out of void marriages to get parent's property

The Supreme Court on Friday ruled that children born out of void or voidable marriages are entitled to get a share in the property of their parents. The ruling is applicable only to Hindu joint family properties governed by Hindu Mitakshara Law, the top court clarified.

The verdict was given by a three-judge bench led by Chief Justice of India DY Chandrachud in reference to a two-judge bench judgment in Revanasiddappa vs. Mallikarjun



(2011), which had held that children born out of void/voidable marriages are entitled to inherit their parents' property -- whether self-acquired or ancestral.

According to the interpretation of Section 16(3) of the Hindu Marriage Act 1955 children born out of invalid marriages are conferred with legitimacy. But Section 16(3) says such children are only to inherit their parents' property and will have no right over other coparcenary shares.