The Madras High Court has ruled that children born from void marriages are legitimate under Section 16 of the Hindu Marriage Act and can inherit the father’s share in ancestral property. The judgment strengthens child rights in Hindu succession law.
In India, ancestral land holds immense cultural and legal significance. Passed down through generations, it serves as a testament to a family’s heritage, traditions, and emotional ties. However, the question of whether ancestral property can be sold without the consent of heirs is a complex legal issue that requires careful examination under the relevant laws and judicial precedents
On December 24, 2024, the Delhi High Court ruled in the case of Birbal Saini v. Satywati, clarifying property rights under Hindu law. The court distinguished between ancestral and inherited property, determining that the disputed property was inherited by Bharat Singh and thus self-acquired, allowing its sale without heirs’ consent.
Supreme Court Affirms Rights of Children from Void Marriages to Inherit Ancestral Property In a landmark judgment on Friday, January 19, the Supreme Court of India has upheld the rights of children born from void and voidable marriages to inherit their parents’ property. This significant ruling, emphasizes the legal status of such children as legitimate […]
