Can children of marriages that are void or voidable claim rights in their parents’ ancestral property? Supreme Court begins hearing reference.

Supreme Court Hears Arguments on Rights of Children Born Out of Void Marriages

The Supreme Court on Wednesday heard arguments on whether children born out of void or voidable marriages have a right to their parents’ ancestral property under Hindu law. The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was hearing a reference of Revanasiddappa vs. Mallikarjun (2011) 11 SCC 1 regarding the scope of Section 16(3) of the Hindu Marriage Act 1955.

Two Opposing Views Arise in Court Proceedings

In the day-long proceedings, two opposing views were presented before the bench. The first view argued that the Hindu Marriage Act aimed to confer social status and legitimacy on children who were otherwise treated as illegitimate. They asserted that children born out of void or voidable marriages should have a right to their parents’ ancestral property. Various judgments, including Smt Parayankandiyal Eravathkanapravan Kalliani Amma & Ors v. K Devi & Ors (1996), were cited to support this argument.

The second view argued that the legitimacy conferred on a child by Section 16 did not grant them coparcenary rights in Hindu succession. They believed that a plain and literal interpretation of Section 16 should be adopted to safeguard the intent of the legislation. It was also argued that the rights of other innocent coparceners should not be infringed upon.

Court Cites Previous Judgments

During the proceedings, a judgment authored by Justice DY Chandrachud, Union of India v VR Tripathi (2018), was cited. In this judgment, the Supreme Court held that the benefit of compassionate appointment scheme cannot be denied to children born out of a second marriage. The bench noted that Section 16(1) of the Hindu Marriage Act states that a child born from a marriage null and void under Section 11 is legitimate.

Further Hearing Scheduled

The court expressed interest in reserving the judgment but decided to schedule further hearings to allow counsels to present their views. The next hearing is scheduled for today (27.07.2023).

Background

Section 16 of the Hindu Marriage Act, 1955, provides that children born from a marriage null and void under Section 11 shall be considered legitimate. However, Section 16(3) clarifies that this does not confer any rights in or to the property of any person, other than the parents, in cases where, but for the passing of this Act, the child would have been incapable of acquiring such rights.

In previous cases, the Supreme Court has held that children born out of void marriages are not entitled to claim inheritance of ancestral coparcenary property but can claim a share in their father’s self-acquired property.

In the case of Revanasiddappa vs. Mallikarjun, a two-judge bench disagreed with this view and referred the matter to a three-judge bench for clarification.

Case Title: Revanasiddappa vs. Mallikarjun C.A. No. 2844/2011 and connected cases.