Inheritance Rights of Children from Void/Voidable Marriages.

  1. Home
  2. /
  3. Publications
  4. /
  5. Case Snippets
  6. /
  7. Inheritance Rights of...

Revanasiddappa v. Mallikarjun, (2023 INSC 783)

The Supreme Court in this case clarified the legal ambiguity surrounding the inheritance rights of children born from void or voidable marriages. The appeal came about in response to a Karnataka High Court decision in which the children of a man’s second (and void) marriage asked for part of his ancestral land. The man’s first wife and her sons disagreed and argued, saying that the Supreme Court in its previous decision in the case of Bharatha Matha v. R Vijaya Renganathan (2010 INSC 328) had denied these children any right to coparcenary property.

The Supreme Court overturned earlier ruling and ruled that children from void or voidable marriages are considered legitimate and thus entitled to inherit their parents’ property under Section 16 of the Hindu Marriage Act, 1955, after referring the case to a larger three-judge bench. They cannot, however, independently claim ancestral property because they are not coparceners. In addition to any self-acquired property, their right is restricted to the portion that their parent would have received in the event of a notional partition under Section 6(3) of the Hindu Succession Act, 1956.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

Borrower Availing Loan for Profit-Generating Exercise Not a Consumer Under Consumer Protection Act

The Hon'ble Supreme Court of India, in its recent judgment in The Central Bank of India & Ors. v. M/s AD Bureau Advertising Pvt. Ltd. & Anr1, has categorically held that borrowers who avail loans for commercial or profit-generating purposes do not fall within the definition of 'consumer' under Section Read more »

Re-Arrest After an Unconstitutional Arrest Cannot Be Left to Police Discretion

In Jaskaran Jeet Singh Deol v. State of Punjab, 2026 INSC 1022, the Supreme Court considered whether an accused, whose earlier arrest had been rendered illegal for violation of Articles 22(1) and 22(2) of the Constitution, could thereafter be re-arrested in the same case. The Court reiterated that furnishing the Read more »

Gunshot Enough to Establish Intention to Cause Death for Offence of Attempt to Murder

In State of Himachal Pradesh v. Shamsher Singh, 2025 INSC 503, the Hon’ble Supreme Court while dealing with a Criminal Appeal set aside the impugned order of the Hon’ble High Court and held that Section 307 (Attempt to Murder) would stand attracted when there is intention or knowledge to cause Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.