Under section 16 of the Hindu Marriage Act, 1955, what status and property rights does the Act confer…
Section 16(1) confers legitimacy without requiring a nullity decree. The property rights arising from that status concern the parents’ property. In Revanasiddappa v.…
Choose your answer
Under section 16 of the Hindu Marriage Act, 1955, what status and property rights does the Act confer on a child of a void Hindu marriage who would have been legitimate had the marriage been valid?
Answer and explanation
Correct answer D
Section 16(1) confers legitimacy without requiring a nullity decree. The property rights arising from that status concern the parents’ property. In Revanasiddappa v. Mallikarjun, the Supreme Court explained that this can include a deceased parent’s share in joint family property, while the child does not become a coparcener by birth on this basis.
Option feedback
Option A
Section 16(1) confers legitimacy on the qualifying child.
Option B
Section 16(3) does not itself confer rights to the property of other people.
Option C
Section 16(1) operates whether or not a decree of nullity has been granted.
Option D
Section 16 confers legitimacy and confines the resulting property rights to the parents’ property.
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