Children of Invalid Marriages Now Entitled to Parents’ Property, Declares Supreme Court

New Delhi: In a landmark judgment that redefines the contours of inheritance law, the Supreme Court on Friday declared that children born out of “invalid marriages” are now entitled to a share in their parents’ property. This pivotal decision not only overturns the court’s previous stance but also adds a new layer of complexity to the Hindu Succession law.

A Reversal of Earlier Verdicts

The court’s ruling effectively reverses its earlier judgments, which had stated that children from “invalid marriages” could only claim rights to their parents’ self-acquired property and not to ancestral assets. A three-judge bench led by Chief Justice DY Chandrachud was revisiting a 2011 case that had initially upheld these limitations.

The Nuances of Hindu Succession Law

While the ruling is groundbreaking, it comes with its own set of conditions.

• The court clarified that these children could claim their rights only under the Hindu Succession law.
• This means that the entitlement is not universal but is rooted in specific religious and legal frameworks.

The Legal Labyrinth of Void and Voidable Marriages

According to Hindu law, a “void” marriage is one where the parties do not have the status of “husband” and “wife,” whereas in a “voidable” marriage, this status exists. The court had previously stated that children born out of either type of marriage could only claim rights to their parents’ property, effectively excluding them from any share in ancestral assets.

Questions Still Unanswered

Earlier this month, the same bench had reserved its verdict on whether children from “invalid marriages” are entitled to a share in their parents’ ancestral property under Hindu laws. The court is yet to decide if such entitlements are restricted solely to the self-acquired properties of the parents, as per the relevant sections of the Hindu Marriage Act.

A Step Towards Legal Clarity or More Confusion?

While the ruling is a significant step towards legal clarity, it also opens up a Pandora’s box of questions around the rights of children born out of unconventional relationships.

Is this a move towards a more egalitarian society, or does it complicate the already intricate web of family law?

We invite our readers to share their thoughts and experiences on this complex issue.