What is the law on the entitlement of share to the children of void or voidable marriages under the Hindu Succession Act & Hindu Marriage Act?

The provisions of the HSA, 1956 have to be harmonised with the mandate in Section 16(3) of the HMA, 1955 which indicates that a child who is conferred with legitimacy under sub-sections (1) and (2) will not be entitled to rights in or to the property of any person other than the parents. The property of the parent, where the parent had an interest in the property of a joint Hindu family governed under the Mitakshara law has to be ascertained in terms of the Explanation to sub-section (3), as interpreted above

Category: Hindu Marriage Act, Hindu Succession Act   Posted on: March 10, 2024