Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
For example, ["T. Mallika VS K. Mathivanam - Madras"] states: a child born out of a void or voidable marriage is not entitled to claim inheritance in the ancestral coparcenary property but is entitled only to claim a share in the self-acquired property.
In Hindu families, property disputes often hinge on marriage validity and children's status. A common question arises: whether the son born from the second wife in a void marriage will be entitled to a share in the coparcenary property. This issue blends Hindu Marriage Act (HMA) provisions, succession laws, and evolving judicial interpretations. While children from void marriages gain certain protections, coparcenary rights—key to ancestral property—remain restricted. This post breaks down the legal landscape, drawing from statutes and precedents. Note: This is general information, not legal advice; consult a lawyer for specific cases.
Under Section 11 of the Hindu Marriage Act, 1955, a marriage is void if contracted during the subsistence of a valid prior marriage (bigamy). Such unions lack legal sanctity from inception. Children born from these are typically deemed illegitimate at birth. However, Section 16 HMA offers legitimacy: Notwithstanding that a marriage is null and void under Section 11... any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate... This applies whether born before or after the Act. M. Yogendra VS Leelamma N. - 2009 0 Supreme(SC) 1336Revanasiddappa VS Mallikarjun - 2023 6 Supreme 202
Yet, legitimacy doesn't equate to full coparcenary status. Coparcenary property, governed by Mitakshara law, vests rights by birth in a valid family line. Rohit Chauhan VS Surinder Singh - 2013 5 Supreme 666
Section 16(1) and (2) deem children of void/voidable marriages legitimate for all purposes. Section 16(3) limits: Such children have rights in the property of their parents but not in any other coparcener's property. This distinction is crucial.
As one source notes: children born of void or voidable marriages are conferred legitimacy under Section 16, they cannot claim rights in the property of relatives other than their parents. Ramsanehi Loniya, S/o. Late Pritam Lal Loniya VS Sudha Singh Chauhan, W/o. Late Shankar Lal Loniya - 2023 Supreme(Chh) 625
Coparcenary rights accrue by birth to sons (and now daughters post-2005 amendment) in a joint Hindu family from valid marriages. A son from a void second marriage, born while the first marriage subsists, lacks this. Courts emphasize: coparcenary rights are acquired by birth in the family and are dependent on the status of the marriage at the time of birth. M. Yogendra VS Leelamma N. - 2009 0 Supreme(SC) 1336Rohit Chauhan VS Surinder Singh - 2013 5 Supreme 666
In Revanasiddappa’s case (referenced in sources), the Supreme Court clarified children from void marriages get parental property shares but not beyond. Ramsanehi Loniya, S/o. Late Pritam Lal Loniya VS Sudha Singh Chauhan, W/o. Late Shankar Lal Loniya - 2023 Supreme(Chh) 625 Similarly: a child born in a void or voidable marriage was not entitled to claim inheritance ancestral coparcenary properties, but was entitled to claim share in self-acquired properties. Anandayee VS Govindasamy - 2015 Supreme(Mad) 2561
These rulings align: Legitimacy aids succession (post-parent's death, intestate), not birth-right coparcenary claims. Daughters' equal coparcener status (HSA Section 6 amendment) doesn't extend to void-marriage children without valid lineage. Vedhavalli (Died) VS Venkatesan - 2024 Supreme(Mad) 1854
| Aspect | Coparcenary Rights | Inheritance Rights ||--------|---------------------|---------------------|| Trigger | By birth in joint family | On parent's intestate death || Scope | Ancestral/joint property | Parents' property only || Void Marriage Child | Typically excluded M. Yogendra VS Leelamma N. - 2009 0 Supreme(SC) 1336 | Included under Sec 16(3) Revanasiddappa VS Mallikarjun - 2023 6 Supreme 202 || Suit for Partition | Can file as coparcener | Only post-death via succession |
No suit for partition lies against living parents for self-acquired property, legitimate or not. Illegitimate sons can't claim coparcenary shares during father's life. Kenchegowda VS K. B. Krishnappa - 2008 Supreme(Kar) 103
Sources like Raja Gounder VS M. Sengodan - 2024 1 Supreme 751 stress evidence of marriage factum; absent it, claims fail. In partition suits, shares fluctuate with status. Raja Gounder VS M. Sengodan - 2024 1 Supreme 751
Legal practitioners must scrutinize Section 16, HSA Sections 6/8, and precedents like those in Mallikarjuna VS Shivasharanappa - 2008 Supreme(Kar) 743, where illegitimate children couldn't claim coparcenary partition. Mallikarjuna VS Shivasharanappa - 2008 Supreme(Kar) 743
Generally, a son from a void second marriage does not get coparcenary rights if born during a valid first marriage's subsistence. He may inherit parents' property as legitimate under HMA Section 16, but not ancestral shares beyond. Law protects the child from parental faults but safeguards true coparceners. Recent amendments promote equality, yet void-marriage barriers persist. M. Yogendra VS Leelamma N. - 2009 0 Supreme(SC) 1336Revanasiddappa VS Mallikarjun - 2023 6 Supreme 202Vineeta Sharma VS Rakesh Sharma - 2020 4 Supreme 193
Takeaways:- Coparcenary: No, by-birth exclusion.- Inheritance: Yes, limited to parents.- Consult experts; laws evolve.
This analysis draws from statutes and cases like Vedhavalli (Died) VS Venkatesan - 2024 Supreme(Mad) 1854, Ramsanehi Loniya, S/o. Late Pritam Lal Loniya VS Sudha Singh Chauhan, W/o. Late Shankar Lal Loniya - 2023 Supreme(Chh) 625, ensuring balanced insight. For personalized advice, engage a Hindu law specialist.
#HinduLaw #CoparcenaryRights #VoidMarriage
This judgement laid down the ratio that a child born out of a void or voidable marriage is not entitled to claim inheritance in the ancestral coparcenary property but is entitled only to claim a share in the self-acquired property. 21. ... Since the marriage between Kandasamy Moopanar and the 2nd defendant was a void marriage under Sections 5 and 11 of the Hindu Marriage Act, #HL....
In such case, as the children born to 1st defendant under a void marriage, the plaintiffs 2 and 4 are entitled to share in the property of 1st defendant. ... By virtue of Section 16(3) of Hindu Marriage Act, the plaintiffs 2 and 4 in their capacity as children born to 1st defendant under void marriage are also entitled to equal share along with other children of 1st defendant and his surviving #HL....
Hence, even while assuming that the defendant and Vellachi had got married, the marriage is void, and the children born in void marriage would not be entitled to the property of any co-parcener other than that of their parents. ... When the daughter is placed on equal footing with son, it can only be that whether or not the daughter is born after the commencement of the H.S. Act, she is entitled t....
The decision made in this case decided the status of inheritance of one Narayanarao among the children born out of his second marriage. ... While conferring legitimacy in terms of sub-section (1) on a child born from a void marriage and under sub-section (2) to a child born from a voidable marriage which has been annulled, the legislature has stipulated in sub-section (3) of Section 16 that such a child will have rights to or in the propert....
The Supreme Court in Revanasiddapa’s case (supra) had further dealt with the right of children born out of void marriage qua the coparcenary right. ... From second wife of Preetamlal namely Kanti Devi, son Shanker was born who was plaintiff and during the pendency of the suit he died thereby his legal heirs Smt. ... Legitimacy of children of void and voidable marriages-(1) Notwithstanding that marriage is null and ....
According to the learned Counsel, the property in the hands of Nanjegowda are his coparcenary property and not his separate property and in a coparcenary property an illegitimate son and daughter and the second wife of a void marriage cannot claim any right. ... be legitimate, whether such child is born before or after the commencement of the Marriage#....
be treated as a separate property and thus, would be entitled to dispose of the coparcenary property as the same were his separate property, but, if a son is subsequently born to him or adopted by him, the alienation whether it is by way of sale, mortgage or gift, will nevertheless stand, for a son ... But, the moment a son is born, the property becomes a coparcenary#HL....
Whether, a son born out of void or voidable marriage (illegitimate son) has a right to maintain a suit for partition, in respect of coparcenary or joint family property? ... 2. ... Whether a son born out of void or voidable marriage (illegitimate) can maintain a suit in respect of the property of his father, against his father? ... 13. Sri. B.....
When the two Courts have concurrently held that the fourth defendant is the second wife and her marriage is void, defendants 2 and 3 are the illegitimate son born out of the said wedlock. ... Fourth defendant is the second wife whose marriage is void. Defendants 2 and 3 are the illegitimate sons of the first defendant. But, it set aside the finding of the trial Court that the illegitimate children have no right to ....
Whether, a son born out of void or voidable marriage (illegitimate son) a right to maintain a suit of partition in respect of co-parcenary or joint family property? ... 2. ... born of the wife in lawful wedlock by countenancing claims for inheritance even in the ancestral coparcenary property. ... Whether a son born out of void#HL_EN....
Then the Division Bench of the Patna High Court considered a policy decision of the State Government for compassionate appointment which speaks about ‘son’ only and in the opinion of the Division Bench since son of the second marriage is also legitimate son, and, therefore, the employee’s second wife’s son cannot be denied benefit of compassionate appointment.” A son of the second wife being legitimate son will be entitled to the property of the deceased in equal share along with the first wife and her sons. The State of Bihar & Ors., as reported in MANU/SC/0043/2000: AIR 2....
It is apparent that a child born out of void or voidable marriage may not be entitled to claim inheritance in ancestral coparcenary property but is entitled to claim share in self acquired properties, if any. In view of the facts and law position as discussed above, I find no reason to interfere with the finding recorded by both the Courts below and as such, the present regular second appeal being devoid of any merit is dismissed.
Same view was held by Hon'ble the Apex Court in Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and others, 2008 (4) SCC 649 : (AIR 2008 SC 2675) as well as by this Court in Balbir Kaur v. Harinder Kaur, 2003(1) RCR (Civil) 624 : (AIR 2003 P & H 174). In view of the facts and law position as discussed above, I find no reason to interfere with the finding recorded by both the Courts below and as such, the present regular second appeal being devoid of any merit is dismissed. It is apparent that a child born out of void or voidable marriage may not be entitled to claim inheritanc....
The same principle was reiterated in AIR 2010 SCC 2685 Bharathamadha and others -vs- R.Vijayarenganathan and others, wherein, it has been held that: Similarly, the Lower Appellate Court on appraisal of the evidence let in by both the parties had reached the categorical conclusion that the marriage between Govindasamy and Thulasiammal is legally valid as the same had been contracted only after the death of the legally wedded first wife Baggiyam. “A child born in a void or voidable marriage was not entitled to claim inheritance ancestral coparcenary properties, but was entitled to cl....
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