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.