The children born out of a void Hindu Marriage are in the eye of law

Section 16(1) of the Hindu Marriage Act 1955 declares children of a void marriage legitimate, and section 16(3) limits their rights to the property of their parents. They are therefore "legitimate but having right of inheritance limited to their parent's property only". They are not illegitimate, and they do not become coparceners by birth with rights in other relatives' property.

Current law: Revanasiddappa (2023) explains that parents’ property can include their ascertainable joint-family share. The child does not become a coparcener by birth through section 16 and does not thereby acquire other persons’ property. Covered Uttarakhand UCC succession must separately be assessed under the Code’s child definition, succession provisions and transition rules.