A child of a void Hindu marriage is legitimate under section 16 of the Hindu Marriage Act, 1955. The…
Revanasiddappa v Mallikarjun, 2023 INSC 783, distinguishes a coparcenary interest by birth from succession to a parent’s property. The deceased father’s share is ascertained…
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A child of a void Hindu marriage is legitimate under section 16 of the Hindu Marriage Act, 1955. The father dies intestate after the 2005 amendment to the Hindu Succession Act, holding an interest in Mitakshara coparcenary property. Which statement describes the child’s rights under Revanasiddappa v Mallikarjun?
Answer and explanation
Correct answer B
Revanasiddappa v Mallikarjun, 2023 INSC 783, distinguishes a coparcenary interest by birth from succession to a parent’s property. The deceased father’s share is ascertained under section 6(3) of the Hindu Succession Act, 1956. The child may inherit from that share under the applicable succession rules.
Option feedback
Option A
Section 16 does not confer the status of a coparcener by birth.
Option B
The parent’s ascertained share forms part of the parent’s property and may devolve on the child under the applicable succession rules.
Option C
The right can extend to the father’s share ascertained on notional partition, as well as to his separate property.
Option D
Section 16(3) confines the resulting property rights to the property of the parents.
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