INHERITANCE RIGHTS OF ILLEGITIMATE CHILDREN IN INDIA: A CRITICAL ANALYSIS OF REVANASIDDAPPA V. MALLIKARJUN JUDGMENT

Revanasiddappa and Ors. v. Mallikarjun and Ors. (2023/INSC /783)

Abstract

The case of Revanasiddappa and Another v. Mallikarjun and Others[1] involves the interpretation of Section 16 of the Hindu Marriage Act 1955[2] and its impact on the property rights of children born from ‘void or voidable’ marriages. The court examines the legislative intent, previous decisions, and the constitutional validity of the provisions. It also considers the amendments made in 1976 and 2005 to the Hindu Marriage Act (HMA) and the Hindu Succession Act[3] (HSA). The case discusses the status of children born of a void marriage and disputes over the entitlement of illegitimate children to a share in coparcenary property. The court analyzes the language used in Section 16(3) of the Act and concludes that it recognizes rights to or in the property only of the parents. The case also mentions the order of succession in the absence of heirs and the concept of coparcenary. The court's decision also clarified the property rights of children born from a void or voidable marriage, distinguishing between ancestral coparcenary property and self-acquired properties. The Hon'ble Court also discussed the joint Hindu family property system under the Mitakshara Law by seeing it through the lens of amended sections of HMA 1955 and HSA 1956.

Keywords: Hindu Marriage Act, Hindu Succession Act, Mitakshara Law, Hindu Family System

[1] Id.

[2] Act No. 25 of 1955

[3] Act No. 30 of 1956