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Hindu Marriage Act, Section 16(3) UPSC NOTE


Hindu Marriage Act, Section 16(3)

  • This provision deals with the inheritance rights of children from void or voidable marriages.

Supreme Court Judgement

  • Recently The Supreme Court reserved its judgment on whether children born out of invalid/void and voidable Hindu marriages can inherit their parents’ ancestral property.

  • A void marriage is not enforceable in law or is unlawful.

  • In their 2011 judgment in the Revanasidappa vs Mallikarjun case, SC said:

  • “The birth of a child in such a relationship has to be viewed independently of the relationship of the parents. A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage. This is the crux of the amendment in Section 16(3).”

  • The Division Bench had held that such children would have a right to any property that belonged to their parents, whether they were self-acquired or ancestral.

  • The Bench had however clarified that the children’s claims would be limited to the property of their parents and no other relation.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Hindu Marriage Act, Section 16(3) UPSC NOTE
Hindu Marriage Act, Section 16(3) UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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