Children born out of invalid marriages can claim inheritance in parents’ properties under Hindu laws: SC
New Delhi, Sep 1 (PTI) In a significant verdict, the Supreme Court on Friday held that children born out of invalid marriages are entitled to claim a share in the property of their parents under the Hindu succession law. The top court, however, held that the children from such "void or voidable" marriages will not be able to inherit the ancestral properties of the coparceners other than their parents under the Hindu law.
The verdict from a bench of Chief Justice D Y Chandrachud, and justices J B Pardiwala and Manoj Misra on a 2011 plea pertaining to the vexatious legal questions as to whether children, born out of annulled or invalid marriages, were entitled to a share in the ancestral property of their parents under Hindu laws.
The judgement has dealt with the question whether the share of such children is limited only to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act.
