Under Section 16 of the Hindu Marriage Act, 1955, a child born out of a void marriage:
Under Section 16(1) and Section 16(3) of the Hindu Marriage Act, 1955, a child born of a void marriage is statutorily conferred legitimacy and is entitled to succeed to the…
Choose your answer
Under Section 16 of the Hindu Marriage Act, 1955, a child born out of a void marriage:
Answer and explanation
Correct answer A
Under Section 16(1) and Section 16(3) of the Hindu Marriage Act, 1955, a child born of a void marriage is statutorily conferred legitimacy and is entitled to succeed to the property of the parents, though not the property of any other person. In Revanasiddappa v. Mallikarjun (2023), a three-Judge Bench of the Supreme Court settled the law that upon the death of a parent, the property of the parent includes the share in Hindu Mitakshara coparcenary property that would have been allotted to the parent upon a notional partition under Section 6(3) of the Hindu Succession Act, 1956. Such a child therefore has a statutory right—not dependent on judicial discretion—to a share in the father's interest in coparcenary property as well as self-acquired property.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
University of Delhi LL.M.
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision