Children from Void Marriages Can Inherit Ancestral and Self-Acquired Property
The Orissa High Court has clarified that children born from a void or illegal marriage can inherit both the ancestral andself-acquired properties of their father. This decision stems from the interpretation of Section 16 of the Hindu Marriage Act, 1955 (HMA) and the Hindu Succession Act, 1956 (HSA).
Case Background
A woman approached the Family Court in Bhubaneswar, claiming she was the legally wedded wife of Late Kailash Chandra Mohanty. She said they married in 1966 and lived together as spouses. The Family Court accepted her claim in a judgment dated 29.10.2021, declaring her the legal heir to the deceased’s ancestral and self-acquired property.
Another woman, the appellant, challenged the ruling. She claimed she was denied a fair hearing. The High Court found merit in her argument, set aside the earlier judgment, and remanded the case for a fresh hearing. It also made an interim order for the sharing of property usufructs, 60% to the respondent, 40% to the appellant.
The Family Court reheard the case and reaffirmed the respondent’s status as the legal wife and heir in a fresh judgment on 12.12.2023. The appellant then filed a fresh appeal before the High Court.
Petitioner’s Stance
The appellant’s counsel, Senior Advocate Banshidhar Baug, argued that her children, born from her relationship with the deceased, are legitimate under Section 16 of the HMA. Therefore, they should inherit the deceased’s self-acquired property as Class-I heirs under the HSA.
Court’s Ruling
The High Court agreed. It held that Section 16 of the HMA legitimises children born from void or voidable marriages. As legitimised heirs, these children fall within Class-I heir status under the HSA, which grants them inheritance rights over self-acquired property.
The Court also referred to the Supreme Court’s ruling in Revanasiddappa v. Mallikarjun (2023), which clarified that such children can also inherit ancestral property, but only the share that would have been allotted to their parent in a notional partition.
Final Verdict
The Orissa High Court modified the Family Court’s order. It ruled that children from the appellant’s relationship with the deceased have the right to inherit:
- His self-acquired property, as Class-I heirs.
- His share in the ancestral property, as per the notional partition concept under Section 6(3) Explanation of the HSA.
This ruling strengthens the inheritance rights of children born from void marriages and sets a clear precedent under Hindu law.
