Supreme Court Grants Property Rights To Children Born From "Invalid Marriages" Under Hindu Succession Law

The Supreme Court, in a significant ruling issued on Friday (1 September), declared that children born from "invalid marriages" are legally entitled to a portion of their parents' property, as they have been conferred with statutory legitimacy. However, the court clarified that their entitlement is limited to rights granted by the Hindu Succession law.

Notably, this decision overturns previous court judgments that restricted the inheritance rights of children from "invalid marriages" solely to their parents' self-acquired property, excluding ancestral property.

A three-judge bench, led by Chief Justice DY Chandrachud, was presiding over a petition challenging the judgment of a two-judge bench in a 2011 case. The earlier ruling had held that children from "invalid marriages" have the right to inherit their parents' properties, whether self-acquired or ancestral.

The earlier judgment had stated, "A child born of void or voidable marriage is not entitled to claim inheritance in ancestral coparcenary property but is entitled only to claim a share in self-acquired properties, if any." This decision had overturned a Madras High Court verdict that had supported the claim that children born out of live-in relationships had rights to ancestral property.

Earlier this month, a bench led by Chief Justice DY Chandrachud had reserved its verdict on this plea, which sought clarification on whether children from "invalid marriages" were entitled to a share in their parents' ancestral property under Hindu laws.

The court was also tasked with determining whether such entitlements were confined solely to the self-acquired properties of the parents, as outlined in relevant sections of the Hindu Marriage Act.

In Hindu law, a "void" marriage does not grant the parties the status of "husband" and "wife," while a "voidable" marriage does. Importantly, a "void" marriage can be annulled without the need for a decree of nullity, whereas a "voidable" marriage requires such a decree.