Children born out of wedlock also have rights in their parents’ property, important decision of the Supreme Court

New Delhi: Children born out of wedlock are entitled to a share in their parents’ property. As per Live Law report, the apex court clarified that the judgment is applicable only to Hindu joint family properties. The decision was delivered by a three-judge bench led by Chief Justice of India DY Chandrachud in the context of the judgment of a two-judge bench in the case Revanasiddappa v. Mallikarjuna (2011), which had held that children born out of invalid marriage are entitled to inherit the property. Are entitled to. If he wishes, he can voluntarily ask for a share in his parents’ property.

According to the interpretation of Section 16(3) of the Hindu Marriage Act 1955, legitimacy is granted to children born out of void marriage. But section 16(3) says that such children will inherit only the property of their parents and will not have any right in the ancestral property.