Supreme Court Recognizes Rights of Children from Invalid Marriages in Hindu Joint Family Property
In a landmark judgment on September 1, the Supreme Court of India upheld the rights of children born out of invalid marriages to inherit their parents’ share in Hindu joint family property. The Court clarified that these children can claim a share in the property of their deceased parents, which would have been assigned to them during a hypothetical partition of the Hindu coparcenary property. However, they cannot lay claim to the properties of any other family member apart from their parents.
This ruling is specifically applicable to Hindu joint family properties governed by the Hindu Mitakshara law.
The three-judge bench, led by Chief Justice of India DY Chandrachud, was revisiting the judgment from Revanasiddappa vs. Mallikarjun (2011). The earlier judgment had established that children from void or voidable marriages could inherit their parents’ properties, be it self-acquired or ancestral.
The crux of the case revolved around the interpretation of Section 16 of the Hindu Marriage Act 1955. This section grants legitimacy to children born from invalid marriages. Section 16(3) specifies that such children can only inherit their parents’ property and not the shares of other family members.
Chief Justice DY Chandrachud, elucidating the judgment, stated,
“For the purpose of ascertaining the interest of a deceased Hindu Mitakshara coparcener, the law mandates the assumption of a state of affairs immediately prior to the death of the coparcener, namely a partition of the coparcenary property between the deceased and other members of the coparcenary. Once the share of the deceased in the property that would have been allotted to him if a partition had taken place immediately before his death is ascertained, his heirs, including the children who have been conferred with legitimacy under Section 16 of the Hindu Marriage Act, will be entitled to their share in the property which would have been allotted to the deceased upon the notional partition if it had taken place.”
The Court also emphasized that the provisions of the Hindu Succession Act must be harmonized with Section 16(3) of the Hindu Marriage Act. This ensures that a child granted legitimacy cannot claim rights in properties of anyone other than their parents.
To illustrate the judgment, Chief Justice Chandrachud provided an example involving four brothers. If one brother, with a validly wedded wife, a daughter from that marriage, and a son from an invalid marriage, were to die, a hypothetical partition would allocate 1/4th of the family property to him. This share would then be further divided among his wife, daughter, and son from the invalid marriage.
The judgment has been seen as a significant step towards ensuring the rights of children born out of invalid marriages, emphasizing their entitlement to their parents’ properties while respecting the boundaries set by the Hindu Marriage Act.
This case, titled Revanasiddappa vs. Mallikarjun, and its judgment are expected to set a precedent for future cases involving the rights of children from void or voidable marriages in the context of Hindu joint family properties.
