The Supreme Court on Friday said that children born from void or voidable marriages can claim rights in their parents' ancestral property in joint Hindu families following the Mitakshara system of law.
The court pronounced its judgement in the case of Revanasiddappa and Anr v. Mallikarjun and Ors, after having reserved it on August 18.
A bench, headed by Chief Justice of India D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, held that a child under Section 16(1) and Section 16(2) of the Hindu Marriage Act (HMA) would be considered a legitimate kin under the Hindu Succession Act (HSA).
The court said that Section 6 of the HSA, which pertains to interest in coparcenary property, establishes a legal fiction wherein coparcenary property is treated as if partition has occurred.
Consequently, the apex court said that the provisions of the HSA should be harmonised with those of the HMA to ensure that children under Section 16(1) and (2) of the HMA have rights in their parents' property.
However, the court clarified that children from void or voidable marriages do not automatically become coparceners in the Hindu Mitakshara joint family.
Coparceners, in Hindu law, are individuals who jointly hold property.
The court held that the birth of a coparcener leads to the acquisition of an interest in coparcenary property, with shares susceptible to increase upon birth and decrease upon the death of a coparcener.
Regarding the devolution of property, it noted that the substitution of Section 6(3) of the Hindu Marriage Act resulted in the devolution of the share of a Hindu male coparcener in a Hindu Undivided Family governed by Mitakshara law occurring through testamentary or intestate succession, rather than survivorship.
The judgement clarified that children born from void or voidable marriages do not have rights in the property of other family members and that their rights are limited to their parents' ancestral property.
Congress wants to snatch reservation from backward classes and give it to Muslims: PM Modi
Prime Minister Narendra Modi on Wednesday alleged that the Congress wants to bring a legislation to snatch reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Backward Classes (BCs) and give them to Muslims.
Embarrassed Congress distances itself from Sam Pitroda's remarks, calls it 'unacceptable'
Hours after Congress leader Sam Pitroda's remark on the 'colour of citizens' stirred a major controversy and left the party red-faced, the latter got into a damage control mode and issued a clarification.
Furious over Pitroda's 'racist' comment, PM Modi says it is now clear why Cong opposed Prez Murmu's candidature
Prime Minister Narendra Modi on Wednesday slammed the Congress party and its senior leader Sam Pitroda over the latter's alleged racist remarks, warning that he would not tolerate "such insult on the basis of skin colour" and that any such further comments could harm the unity of the nation.
Environment body writes West DM, demands to maintain depth of the Amrit Sarovar
The Forum for Protection of Environment and Water Bodies of Tripura has written a letter to the West District Magistrate demanding immediate actions to maintain the depth of the Amrit Sarovar near Shalbagan according to the objective enshrined in the guidelines of Amrit Sarovar.
Family files complaint against Muhuri for theft and land document withholding
In a startling development in Mohanpur, a family from Bamutia has filed a formal complaint against Muhuri Babul Chandra Biswas, accusing him of embezzling Rs 4 lakh under the guise of a legal transaction.
Villagers’ stages protest over drilling of ONGC, FIR against four
The Mandabakilla village situated under Bishalgarh sub-division of Tripura’s Sepahijala District is engulfed in tension as clashes intensify between villagers and officials of the Oil and Natural Gas Corporation (ONGC).
JRBT candidates stages stir demanding results of Group-D Exam
As the days tick by without any update on the results of the Joint Recruitment Board of Tripura (JRBT) Group-D exam, candidates are growing increasingly restless.
SC stays Calcutta HC’s order cancelling school jobs; rebukes Bengal govt for alleged recruitment scam
The Supreme Court on Tuesday stayed a Calcutta High Court order, which cancelled 25,753 appointments in teaching and non-teaching posts in the state-run schools made by the West Bengal School Service Commission (WBSSC) in 2016.