Will the child born out of an invalid marriage have the right over the ancestral property? Supreme Court’s decision will come soon

Wedlock Claim The Supreme Court on Friday (August 18) reserved its judgment on a 2011 petition which raised the legal question of whether children born out of wedlock have rights over the ancestral property of their parents as per Hindu laws. is attached to. A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra heard representations from several lawyers on the petition pending since 2011.

The Supreme Court will also decide whether the share of these children is limited to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act. On March 31, 2011, a two-judge bench of the Supreme Court referred these questions to a larger bench. At that time, the bench, while referring the matter to a larger bench, had said that the question arises whether a child born out of wedlock is entitled to a share in the ancestral property or whether his share is due to him under Section 16(3) of the Hindu Marriage Act. is limited to the self-acquired property of the parent.

What the court said
The court said that this provision makes it clear that ‘‘void or voidable marriage’’ A child born out of wedlock can claim rights only on the property of his parents and no one else. The bench had disagreed with the apex court’s earlier findings that such children would have no right over the ancestral properties of their parents. He said, ‘‘According to the changing social norms of legality in ours and every society, what was considered illegal in the past may be legal today."

According to the provision "The concept of legitimacy stems from social consensus, in shaping which various social groups play an important roleā€¦ Laws cannot remain static in a changing society.’’ According to Hindu law, in a void marriage, the parties will not have the status of husband and wife. As per law, the parties in a voidable marriage have the status of husband and wife. A void marriage does not require a decree in this regard, while a voidable marriage does.

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