Supreme Court Reserves Order On Whether Children From Invalid Marriages Can Inherit Ancestral Property

Relevance: GS 2 - Indian Constitution

(Source: The Hindu, 08/19/23)

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Why in the news?

• Recently, the Supreme Court of India has reserved its judgment regarding the inheritance rights of children born from invalid, void, and voidable Hindu marriages. This case pertains to an amended provision in the Hindu Marriage Act, specifically Section 16(3), which addresses the inheritance rights of children born from such marriages.
  • A void or invalid marriage is not enforceable in law or is unlawful. A voidable marriage has to be annulled through a decree.

Earlier judgment

• Revanasidappa v Mallikarjun case: The Division Bench of the Supreme Court in 2011 held that children born from void and voidable marriages should have inheritance rights over their parents' property, whether it's self-acquired or ancestral.
• However, these rights would be limited to the property of their parents and no other relation.
• Despite this ruling, uncertainty, and confusion still linger around the status of rights of illegitimate children in ancestral property.
• The Division Bench emphasized the evolving nature of social norms and it pointed out that what has been considered illegitimate in the past could be deemed legitimate in contemporary society.
• The idea of legitimacy is shaped by social consensus and various social groups' contributions.

Current proceedings and key questions

• In a recent hearing, Chief Justice Chandrachud indicated agreement with the Division Bench's stance on the inheritance rights of children from such marriages.
• However, the main question is when ancestral property legally becomes the parents' property under Section 16(3). The focus is on understanding the timing and circumstances of this transition.
  • For instance, according to the Indian Succession Act, 1956, and the Indian Succession (Amendment) Act, 2005, children, whether boys or girls, have a right to the father's ancestral property by birth. In the case of the parents' self-acquired property, they can give it to anyone they want through a written will.
• Therefore, the supreme court may provide guidelines regarding the inheritance rights of children from invalid marriages.

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FAQs

MCQ

Question: Consider the following statements:

1. Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978.
2. It was made a Constitutional right under Article 300A.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2