Children Of Invalid Marriages Have Right In Their Parents' Share In Hindu Joint Family Property : Supreme Court

The Supreme Court on Friday (September 1) pronounced a judgment recognizing the rights of children born out of invalid marriages in their parents' share in Hindu joint family property.The Court held that children born out of void/voidable marriages are entitled to inherit a share in the property of their deceased parents which would have been allotted to them on a notional partition of the Hindu coparcenary property. However, such children are not entitled to the properties of any coparcener other than their parents. The Court clarified that this ruling is applicable only to Hindu joint family properties governed by Hindu Mitakshara law.A 3-judge bench led by Chief Justice of India DY Chandrachud was hearing a reference against the two-judge bench judgment in Revanasiddappa vs. Mallikarjun (2011), which had held that children born out of void/voidable marriages are entitled to inherit their parents' properties, whether self-acquired or ancestral.The issue in the case related to the interpretation of Section 16 of the Hindu Marriage Act 1955, which confers legitimacy to children who are born out of invalid marriages. Section 16(3) states such children are entitled to inherit only their parents' property and will have no right over the other coparcenary shares.The primary issue in the reference was when can the property be held to be that of the parent in a Hindu Undivided Family governed by Hindu Mitakshara law. Answering the reference, the bench explained that as per Section 6 of the Hindu Succession Act, the interest of coparceners in a Hindu Mitakshara property is defined to be the share of the property that would have been allotted to them if the partition of the property had taken place immediately before their death. The Court has held that children born out of invalid marriages are entitled to such property which would devolve upon their parents on a notional partition on their death."For the purpose of ascertaining the interest of a deceased Hindu Mitakshara coparcener, the law mandates the assumption of a state of affairs immediately prior to the death of the coparcener, namely a partition of the coparcenary property between the deceased and other members of the coparcenary. Once the share of the deceased in the property that would have been allotted to him if a partition had taken place immediately before his death is ascertained, his heirs, including the children who have been conferred with legitimacy under Section 16 of the Hindu Marriage Act, will be entitled to their share in the property which would have been allotted to the deceased upon the notional partition if it had taken place", Chief Justice DY Chandrachud read out the operative portion of the judgment.The Court further held that the provisions of the Hindu Succession Act have to be harmonised with the mandate of Section 16(3) of the Hindu Marriage Act, which indicates that a child who has been conferred with legitimacy will not be entitled to rights in the properties of any person other than the parents. The "property of the parent", where the parent had an interest in the Hindu Mitakshara law, has to be ascertained in terms of the above interpretation. Thus, the Court clarified that such children cannot be treated as a copercener by birth in the HUF family.Illustration given by CJIAfter pronouncing the judgment, CJI DY Chandrachud said that the judgment contains the illustration which he had used during the hearing. The illustration was as follows :Suppose there are four brothers C1, C2, C3 and C4. C2 dies. Notional partition takes place immediately before his death. C2 has a widow, a daughter from a valid marriage and a son from an invalid marriage. So if a notional partition is to take place, C2 will be getting 1/4th of the coparcenory property. So that share which would be allotted to C2, namely the 1/4th, would be distributed among him, his wife and his daughter - 1/12th each. Further, the 1/12th share of C2 would be distributed among the wife, the daughter and the son from the invalid marriage. CJI further said that one argument was that the 1/4th share of C2 also should be allotted to the son from the invalid marriage. "That can't be. Because, to hold so would be to make the son from the invalid marriage a coparcener and that would directly conflict with Section 16(3)", CJI said. This illustration can be read in paragraph 43 of the judgment.In what manner children born from invalid marriages get the share of their parents who are coparceners in Hindu Undivided Families governed by Mitakshara law?#SupremeCourt explains by way of an illustration.https://t.co/vWGvdS8eTp pic.twitter.com/srGlrPnX04— Live Law (@LiveLawIndia) September 1, 2023 Arguments RaisedWhile reserving the judgement, CJI DY Chandrachud had remarked that the issue primarily pertained to the intersection between Section 16(3) of Hindu Marriage Act (HMA) and Section 6 of the Hindu Succession Act (HSA). For context, Sections 16(1) and 16(2) of the HMA grant...

Children Of Invalid Marriages Have Right In Their Parents' Share In Hindu Joint Family Property : Supreme Court

Padmakshi Sharma

The Court clarified that such children cannot be treated as a coparcener by birth in the HUF family.

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