SC: Children Born from Void Marriages Has Right On Parents’ Property

SHARE:

In a significant verdict, the Supreme Court ruled on Friday that a child born outside of a marriage or to a void/voidable marriage has the right to inherit their parents’ property. However, the court clarified that this inheritance right does not extend to laying any coparcenary claim over property held jointly by a Hindu Undivided Family (HUF).

The ruling, delivered by a bench consisting of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, brings an end to a two-decade-long legal ambiguity concerning the inheritance rights of children born from void or voidable marriages in comparison to children born from valid marriages, who automatically become coparceners in a Hindu joint family’s property.

Back in 2003, the Supreme Court had ruled that despite the specific safeguards provided to children born out of void and illegal marriages under Section 16 of the Hindu Marriage Act, they should not be treated equally with children born from lawful marriages.

In subsequent judgments in 2005 and 2010, the Supreme Court had held that “a child born of 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.” Recognizing the conflicting views on this matter in 2011, another bench referred the issue for resolution to a three-judge bench.

Chief Justice Chandrachud, in his reference to children born outside of marriage who were legitimized under Section 16(1) of the Hindu Marriage Act, explained, “This child, unlike the child born out of a lawful marriage, is not entitled to a share in the notional partition itself. After the father’s share is determined, a child will have a share in the father’s share, along with the surviving widow and the other children.”

In essence, this means that such a child is prohibited from making claims on the joint property of an HUF in which their parents hold a share. However, the child retains the right to an equal share, alongside legitimate children, in the individual share of the parents in the joint property. The Supreme Court’s ruling also ensures that this right of a child born from a void/voidable marriage will not impact the inheritance rights of other coparceners within the HUF property.

The post SC: Children Born from Void Marriages Has Right On Parents’ Property appeared first on News24.

Also Read

[TRENDING]_$type=ticker$count=9$cols=4$cate=0$color=#0096a9$sp=3500

[RECENT]_$type=list$author=hide$comment=hide$va=0

Name

'Badhaai Do' movie,1,'The Kerala Story',2,'Zeeshan Maggie Point',1,"kerala story",1,@preganest,1,accident,2,Actor Salman Khan,1,Actress Priyanka Chopra,1,Air India,1,Arjun Tendulkar,1,Arshia Goswami,1,Article,4,Bageshwar Dham,1,Barbed wire,1,Bhopal,3,Bike Rider Agastya Chauhan,1,bodyguard missbehave,1,Box Office Collection,1,Boxing Champion Mary Kom,1,Bundelkhand,1,Business,23,Career,1,Chhatarpur,1,CM Shivraj Singh Chouhan,6,codecanyon,3,Comedian,1,Congress MLA Omkar Singh Markam,1,Controversial Movie,1,converting to Islam,1,couples goal,1,creativity,1,Crime news,1,Deadlifts 60 kg,1,Deendayal Antyodaya Rasoi Kendras,1,Delhi airport,1,Delhi metro,1,Development Scheme,1,Dhirendra Shastri,2,Disastrous Plastic Surgeries,1,District hospitals,1,Diwali a National Holiday,1,Donatella Versace,1,DPR,4,Dubai woman,1,Education / Employment,3,Eid Party,1,Eight-Year-Old,1,Elections 2024,2,Entertainment,15,Environment,1,Fashion,1,Female Engineer Uber Driver,1,Film 'Kisi Ka Bhai Kisi Ki Jaan',1,Filmfare Awards 2023,1,first water metro,1,Food,2,Government,1,Hakuto-R,1,health sector,1,IIFA 2023,1,IIT Indore,1,India,4,India news,4836,Indian Muslim,1,Indian news,1,Indore,3,Indore court,1,instragram,1,IPL,1,IPL 2023,2,IT,1,Jagannath Puri Rath Yatra,1,Job,1,Kanya Vivah-Nikah Yojana,1,Karan Kundra,1,Katrina Kaif,1,Kochi,1,Latest news,1,Life Changing tips,1,Lifestyle,9,Lifstyle,1,loss of cat,1,Love Jihad,1,Lucknow,1,Maa Kali',1,Madhya Pradesh,22,Mahakal lok,1,Mahakaleshwar temple,1,main,19,Man naked and garlanded with shoes,1,Mantralya,1,Men wearing skirt,1,Menstrual Hygiene Day 2023,1,Mexican Giant Turtle,1,MIT,1,mobile phone,1,modular kitchens,1,Moon,1,MP Weather Update,2,Mumbai,2,Munawwar Farooqui,1,National,162,National Paper Airplane Day 2023,1,Navlakha,1,News,1,Nick Jonas,1,Northeastern University,1,Nothing Phone (1),1,Osho,1,Pennsylvania,1,pet parrots,1,plants mango saplings,1,PM Narendra Modi,3,politics,1,Pradeep Mishra,1,Profession,1,PTI – The Siasat Daily,3,Rachit Agarwal,1,Rashid rover,1,Realme Narzo N53,1,record-breaking century,1,renewable energy sector,1,Royal deaths,1,Rs 70 lakh,1,Russia Ukraine ongoing conflict,1,Sagar,1,salman khan,1,Sanatan Dharma,1,Sara Tendulkar,1,Sardar Vallabhbhai Patel Park,1,Shah Rukh Khan,1,Shah Rukh Khan's Airport Video goes viral,1,Shalini's Unconventional Divorce Photoshoot,1,Shubam Gill,1,Shubham Gill,1,Six-month-old Infant Dies,1,Social Dynamics,1,social media,1,South Actresses,1,South Africa,1,South Indian Comedian,1,Spending husband's money,1,Sports,16,Summer Season,1,Tarek Fatah,1,Tech,3,Tejasswi Prakash,1,Temples,1,Trending,3,tweet,1,Ujjain,1,Ukraine Defence Ministry,1,University of Glasgow,1,US-Canada Border,1,US-India Visa,1,Vicky Kaushal,1,video viral,2,Viral news,1,viral video,3,Virat Kohli and Gautam Gambhir,2,Water crisis,1,WiFi,1,Wildlife,1,Wired Food Combinations,1,World News,2194,youth,1,youtuber,1,
ltr
item
SC: Children Born from Void Marriages Has Right On Parents’ Property
SC: Children Born from Void Marriages Has Right On Parents’ Property
ASE News
https://www.asenews.page/2023/09/sc-children-born-from-void-marriages.html
https://www.asenews.page/
https://www.asenews.page/
https://www.asenews.page/2023/09/sc-children-born-from-void-marriages.html
true
8343353446356446311
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content