Children Born From Void Marriage Entitled To Ancestral & Self-Acquired Property Of Father: Orissa High Court

The Orissa High Court has held that children born out of a Second/void marriage have inheritance rights over both the ancestral and self-acquired property of their father.

Referring to Section 16 of the Hindu Marriage Act, 1955, the Court affirmed that such children are deemed legitimate and recognized them as Class-I heirs.

The Court also relied on the Supreme Court’s ruling in Revanasiddappa v. Mallikarjun, which held that while Section 16(3) of the HMA limits such children's rights to their parents' share and self-acquired property, Section 6(3) of the HSA applies if the parent is a Mitakshara coparcener.