In a significant legal ruling, the Supreme Court of India has clarified the rights of children born out of void or voidable marriages regarding ancestral property. The three-judge Bench, presided over by Chief Justice D Y Chandrachud, declared that such children have the right to claim a share in their parent's ancestral property, but this entitlement is limited to their parent's portion and does not extend to the entire Hindu Undivided Family (HUF) property, which is governed by the Mitakshara Law.
The legal basis for this decision lies in Section 16(1) and 16(2) of the Hindu Marriage Act, 1955, which confer legitimacy on children born from void or voidable marriages. The court emphasized that these children, whose legitimacy is protected by these sections, are considered legitimate under the law. They have the right to inherit their parent's share in ancestral property, ensuring their financial security. However, the court clarified that these children do not automatically become coparceners by birth in the entire HUF property. This distinction is crucial, as it ensures that the inheritance rights of other members in the family are not compromised. The ruling also addressed the issue of pending cases related to this matter in various high courts across the country. The court directed that these cases should be expedited and resolved promptly, ensuring that the rights of such children are protected in accordance with the law.
This judgment reaffirms the legal stance on inheritance rights for children born from void or voidable marriages and provides clarity on their entitlement to ancestral property, offering a fair balance between their rights and those of other family members.