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Inheritance for Void & Voidable Marriages
September 5 , 2023
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- 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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