- Children born from invalid or voidable marriages can receive their parents’ part of a joint Hindu family property governed by Mitakshara law, according to the Supreme Court.
- However, inheritance rights are limited to the parent’s portion and do not extend to the holdings of other family members.
Mitakshara School of Law
| History | Originated in ancient India; attributed to Vijnaneshvara, a 12th-century scholar |
| Focus | Interpretation of Yajnavalkya Smriti in matters of family, property, and inheritance law |
| Ancestral Property | Emphasis on joint family property and ancestral property rights |
| Inheritance | Defines rules for succession and inheritance within Hindu families |
| Variations | Different regional interpretations, including the “Dayabhaga” School |
| Regional Influence | Widespread influence on Hindu legal practices, especially in property law |
| Development | Evolved over time and influenced by legal reforms and societal changes |
| Modern Context | Coexists with contemporary legal frameworks and personal laws |
| Significance | Played a significant role in shaping Hindu family and property law |
Details of the Decision
- The Supreme Court, led by Chief Justice D.Y. Chandrachud, emphasised that a child of a void or voidable marriage cannot claim rights to the property of other family members.
- Only the parent’s portion of the ancestral property is subject to the child’s inheritance rights.
- A “notional partition” is performed to determine the parent’s share immediately prior to death.
Inheritance Taxation
- The law presumes that the ancestral property was divided between the deceased parent and other family members prior to the parent’s death.
- The child’s inheritance is determined by the share that the parent would have gotten under this hypothetical partition.
Details of the Decision
- The Supreme Court, led by Chief Justice D.Y. Chandrachud, emphasised that a child of a void or voidable marriage cannot claim rights to the property of other family members.
- Only the parent’s portion of the ancestral property is subject to the child’s inheritance rights.
- A “notional partition” is performed to determine the parent’s share immediately prior to death.
Inheritance Taxation
- The law presumes that the ancestral property was divided between the deceased parent and other family members prior to the parent’s death.
- The child’s inheritance is determined by the share that the parent would have gotten under this hypothetical partition.
Legal Foundation
- Children born from void or voidable marriages are granted legitimacy under Section 16 of the Hindu Marriage Act.
- The court determined that these children are entitled to their parents’ possessions.
- The Hindu Marriage Act’s purpose to confer legitimacy to such children is mirrored in the Hindu Succession Act.
The Effect of the Amendment
- The Hindu Succession (Amendment) Act of 2005 permits heirs to inherit a deceased person’s portion of a joint Hindu family property through testamentary or intestate succession.
- Prior to the amendment, devolution could only occur through survivorship.
- Equal succession rights are now guaranteed to both men and women.
Background and Examples
- Section 16(3) of the Hindu Marriage Act was important to the issue.
- A Supreme Court Division Bench championed the rights of children born from illicit marriages to inherit their parents’ properties in 2011.
- The Division Bench emphasised that these children have the same rights as children born from legally recognised marriages.
Source: https://www.thehindu.com/news/national/children-from-void-voidable-marriages-are-legitimate-can-claim-rights-in-parents-properties-sc/article67259229.ece