The Supreme Court (SC) of India recently passed a ruling concerning inheritance rights, specifically in the case of children born out of void and voidable marriages. The court declared that such children could inherit their parent’s share in joint Hindu family property under the Mitakshara Law. This judgement is significant in understanding the legal implications and intricacies of the Mitakshara Law, the Hindu Marriage Act, 1955, Hindu Undivided Family (HUF), and the Dayabhaga School.
Understanding Voidable And Void Marriages
A void marriage is one deemed invalid from the beginning, as if it never existed legally. A voidable marriage, though initially valid, holds certain defects that can lead to its annulment upon the choice of one of the parties involved.
The Background of the Judgement
This recent SC ruling builds upon a prior judgement given during the case of Revanasiddappa vs. Mallikarjun in 2011. In that instance, the court held that children born out of void or voidable marriages could inherit their parents’ property, whether self-acquired or ancestral. This foundation was related to an amended provision under Section 16(3) of the Hindu Marriage Act, 1955.
The Supreme Court’s Ruling on Inheritance Share
The first step in the inheritance process for a child from a void or voidable marriage involves ascertaining their parent’s share in any ancestral property. This determination requires a hypothetical division of the ancestral property to calculate the portion the deceased parent would have received before their death.
Legal Basis for Inheritance
Section 16 of the Hindu Marriage Act, 1955, legitimises children born out of void or voidable marriages. It confirms that these children are entitled to their parents’ property.
Equal Inheritance Rights
The Hindu Succession Act, 1956, deems children from void or voidable marriages as legitimate kin for inheritance purposes. These children cannot be considered illegitimate when inheriting family property.
Impact of the Hindu Succession (Amendment) Act, 2005
The court noted that following the Hindu Succession (Amendment) Act in 2005, a deceased individual’s share in a joint Hindu family governed by Mitakshara law could be inherited through testamentary or intestate succession. This amendment extends the scope of inheritance beyond survivorship and grants equal succession rights to women and men.
Supreme Court Rulings Regarding Daughter’s Inheritance
In its various rulings, the SC has progressively expanded the inheritance rights of daughters. For instance, in the 2022 case of Arunachala Gounder v. Ponnusamy, the court stated that a Hindu male’s self-acquired property would devolve by inheritance upon his death, without having written a will. The daughter, along with other coparceners, would inherit such a property. Moreover, in Vineeta Sharma v. Rakesh Sharma, 2020, the court held that a woman or daughter can inherit ancestral property equally as a male heir, irrespective of whether the father was alive before the Hindu Succession (Amendment) Act, 2005 came into effect.
Overview of Mitakshara Law
Mitakshara Law is a legal system within Hindu law that primarily governs inheritance rules and property rights among members of a Hindu Undivided Family (HUF). It applies across India, except in West Bengal and Assam, which follow the Dayabhaga school. Notably, under Mitakshara law, a son acquires interest in ancestral property by birth, whereas under Dayabhaga law, a son only gains ownership rights upon the father’s death.
Conclusion
The SC ruling regarding inheritance rights of children from void or voidable marriages marks a significant step in recognising their legal rights and equality in inheritance matters. This judgement has implications not only in terms of individual family dynamics but also broader societal norms around marriage and validity. Notably, it underlines the evolving nature of India’s legal system in promoting rights-based assurances, inclusive of all strata, irrespective of their marital legitimacy status.