TNPSC Thervupettagam

Inheritance for Void & Voidable Marriages

September 5 , 2023 436 days 426 0
  • The Supreme Court held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property governed by the Mitakshara law.
  • It also clarified that such a child would not be entitled to rights in or to the property of any other person in the family.
  • A voidable marriage is one that is made invalid by the husband or wife through a decree.
  • A void marriage is invalid at the very inception.
  • Mitakshara law of succession governing Hindu Undivided Families applies to the whole of India except West Bengal and Assam.
  • Section 16 of the Hindu Marriage Act has statutorily conferred legitimacy to children born out of void or voidable marriages.

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