Supreme Court Grants Property Rights to Children Born Out of ‘Invalid Marriages’

New Delhi: The Supreme Court has ruled that children born out of “invalid marriages” are entitled to a share of their parents’ property. This is a significant departure from the Court’s previous stance, which denied such children any rights to ancestral property.

Earlier this month, a bench led by Chief Justice DY Chandrachud reserved its verdict on a 2011 plea seeking clarity on whether children from “invalid marriages” have a claim to their parents’ property under Hindu laws. The Court was also tasked with determining if these claims extended only to self-acquired properties, as outlined in the relevant sections of the Hindu Marriage Act.

These questions originated from a referral by a two-judge bench in March 2011. At that time, the Court had ruled that children of “void or voidable marriages” could only assert property rights over their parents’ assets and nothing else.

Under Hindu law, a “void” marriage lacks the status of “husband” and “wife” for the parties involved. However, in a “voidable” marriage, both parties do hold this status. Notably, in a “void” marriage, no decree of nullity is required to annul the marriage, whereas in a “voidable” marriage, such a decree is necessary.