The Supreme Court, in a recent ruling, clarified the rights of children born from “invalid marriages.” The court declared that such children are entitled to a share of their parent’s property, asserting that they have been granted legitimacy under statutory law. However, the court specified that these children can only claim their rights in accordance with Hindu Succession law. This decision marks a significant departure from previous court judgments, which held that children from “invalid marriages” could only stake a claim to their parents’ self-acquired property and not ancestral assets.
A panel of three judges, led by Chief Justice DY Chandrachud, deliberated on a plea challenging the ruling of a two-judge bench in a 2011 case. The earlier ruling had asserted that children born from “invalid marriages” have the right to inherit their parents’ properties, whether those properties were self-acquired or ancestral.
The previous court ruling had stated, “A child born of a void or voidable marriage is not entitled to claim inheritance in ancestral coparcenary property but is entitled only to claim a share in self-acquired properties, if any.” This decision had annulled a Madras High Court judgment that had supported the view that children born from live-in relationships were eligible for a share of ancestral property. Additionally, the court had emphasized that the relevant legal provisions explicitly stipulate that a child born from a “void or voidable marriage” can only assert rights to their parent’s property and not to the property of any other individuals.
Earlier this month, another bench led by Chief Justice DY Chandrachud had reserved its verdict on the plea, seeking clarity on whether children from “invalid marriages” are entitled to a share in their parents’ ancestral property according to Hindu laws. The court also considered whether these entitlements were confined solely to self-acquired properties, as outlined in the relevant sections of the Hindu Marriage Act.
In accordance with Hindu law, a “void” marriage does not grant the parties the status of “husband” and “wife.” However, under the statute, such status is recognized in a “voidable” marriage. It is important to note that in a “void” marriage, no decree of nullity is required to annul the marriage, whereas in a “voidable” marriage, a decree of nullity is necessary for annulment.
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