Hindu Law: Rights of an Illegitimate Child in Joint Property

INTRODUCTION

The codified and uncodified aspects of Hindu Law deal with several personal issues pertaining to a Hindu. One such issue relates to the rights of an illegitimate child, in relation to inheritance to ancestral property, self-acquired property of his parents, right to claim maintenance, etc. This feature has earlier (March 2021) examined the position of the rights of an illegitimate child. However, recently a larger bench of the Supreme Court in Revanasiddappa vs. Mallikarjun, C.A. No. 2844/2011, Order dated:1st September, 2023, has examined the position of such a child’s rights in respect of joint family / HUF property.

VOID / VOIDABLE MARRIAGE

The Hindu Marriage Act, 1955, applies to and codifies the law relating to marriages between Hindus. It states that an illegitimate child is one who is born out of a marriage which is not valid. S.16(1) of this Act provides that even if a marriage is null and void, any child born out of such marriage who would have been legitimate if the marriage had been valid, shall be considered to be a legitimate child. Hence, all children of void/voidable marriages under the Act are treated as legitimate. The Act also provides that such children would be entitled to rights in the property of their parents.Read More