Under the Hindu Marriage Act, 1955, the child born of a void or voidable marriage is
Section 16 confers legitimacy on children of marriages void under section 11 and on qualifying children conceived before annulment of a voidable marriage. It does not…
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Under the Hindu Marriage Act, 1955, the child born of a void or voidable marriage is
Answer and explanation
Correct answer A
Section 16 confers legitimacy on children of marriages void under section 11 and on qualifying children conceived before annulment of a voidable marriage. It does not validate the parents’ marriage, and subsection (3) limits the special property rights to property of the parents.
Current law: Revanasiddappa (2023) clarified that these children can inherit their parents’ property, including the parents’ determined shares in joint-family property, but do not become coparceners by birth or acquire rights in other persons’ property under section 16. For persons covered by Uttarakhand’s UCC from 27 January 2025, section 31 separately deems children of void and voidable marriages legitimate, subject to the Code’s application and exclusions.
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