Do Children Of Invalid Marriages Have Right In Their Parents’ Share In Hindu Joint Family Property

Revanasiddappa & Anr. Vs Mallikarjun & Ors. (Supreme Court of India)

The 3- Judge bench of Dr. DY Chandrachud, JB Pardiwala and Manoj Mishra, Justices has settled the issue as to whether a child, born from a marriage that is null and void under the Hindu Marriage Act, 1955 (HMA), is entitled to ancestral/coparcenary property or only to the self-earned/separate property of the parents and has held that when an individual falls within the protective ambit of Sub-Section (1) or Sub-Section (2) of Section 16 of the HMA, they would be entitled to rights in or to the absolute property of the parents and no other person.

Points considered by the Court

Please become a Premium member. If you are already a Premium member, login here to access the full content.