“Supreme Court Grants Rights to Children Born out of  Void/Voidable Marriages in their parents’ Ancestral Property” 

Keywords: supreme court, void, voidable, mitakshara system, hindu marriage act, hindu  succession act, inheritance  

In a landmark judgment, the Supreme Court of India has ruled that children born out of void  or voidable marriages have the right to claim a share in their parents’ ancestral property in  joint Hindu families adhering to the Mitakshara system of law. This significant decision  provides clarity on a complex legal issue that has been the subject of debate and conflicting  interpretations for years. A Bench comprising Chief Justice of India DY Chandrachud, along  with Justices JB Pardiwala and Manoj Misra, delivered this groundbreaking verdict in the  case of Revanasiddappa and Anr v. Mallikarjun and Ors.¹ 

The essence of the ruling lies in the interpretation of Sections 16(1) and 16(2) of the Hindu  Marriage Act (HMA) in conjunction with the Hindu Succession Act (HSA). The Supreme  Court affirmed that a child born from a void or voidable marriage is considered a legitimate  kin under the HSA, granting them rights in their parents’ ancestral property.  

Crucially, Section 6 of the HSA, which pertains to interest in coparcenary property, was  analyzed in the judgment. It was underscored that this section effectively treats coparcenary  property as if it had undergone partition. Consequently, the Court harmonized the provisions  of the HSA and HMA to ensure that children under Section 16(1) and (2) of the HMA  possess rightful claims to their parents’ property. However, the Court clarified that the rights  of children from void or voidable marriages are limited solely to their parents’ property and  do not extend to property owned by other family members. The ruling firmly asserted that  such children do not automatically (ispo facto) become coparceners in the Hindu Mitakshara  Joint Family.  

The judgment’s implications are far-reaching. It fundamentally alters the concept of property  devolution in Hindu Undivided Families (HUF) governed by Mitakshara law. Previously,  property shares would devolve through survivorship, but now, it is by testamentary or  intestate succession under Section 6(3) of the Hindu Marriage Act. This decision settles a  

long-standing legal dispute that originated from conflicting opinions within the Supreme  Court. The question revolved around whether children born from void marriages could claim  a share in ancestral coparcenary property or were limited to their parents’ self-acquired  property, as per Section 16(3) of the Hindu Marriage Act.  

The Supreme Court’s 2010 ruling in Bharatha Matha and anr v. R Vijaya Renganathan & Ors  had upheld the latter interpretation, denying inheritance rights in ancestral property to such  children. However, in 2011, the apex court in an earlier round of the present appeal held the  opposite view, arguing that these children have rights in both self-acquired and ancestral  property. This discrepancy led to the matter being referred to a larger bench for clarification.  

On 1^st September,2023, the Supreme Court resolved this ambiguity, affirming that children  born from void or voidable marriages have legitimate claims to their parents’ ancestral  property. The decision reflects the changing social norms and evolving legal principles. This  ruling will undoubtedly have significant implications for family law in India, providing  clarity and equitable treatment for children born out of void or voidable marriages in matters  of ancestral property inheritance.  

Senior Advocates Kiran Suri, AIS Cheema, V Mohana, and Vivek Chib, along with a team of  advocates, played pivotal roles in presenting arguments for the various parties involved in  this landmark case. This decision not only has legal ramifications but also underscores the  judiciary’s commitment to evolving with the changing dynamics of Indian society, ensuring  that the principles of justice remain aligned with contemporary values.  

Written by: Tanvi Bansal  , College name: UILS, PU  , Semester: 3^rd , As intern under Legal Vidhiya 

¹ BAR AND BENCH, https://www.barandbench.com/news/child-void-marriage-parents-ancestral-property hindu-joint-family-supreme-court (last visited on 2^nd September, 2023). 

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