Central Idea

The Supreme Court clarified that children born from void or voidable marriages can inherit the parent’s share in a joint Hindu family property governed by Mitakshara law.
However, the inheritance rights are limited to the parent’s share and do not extend to other family members’ properties.

Mitakshara School of Law

History	Originated in ancient India; attributed to *Vijnaneshvara*, a 12th-century scholar
Focus	Interpretation of *Yajnavalkya Smriti* in matters of family, property, and inheritance law
Ancestral Property	Emphasis on joint family property and ancestral property rights
Inheritance	Defines rules for succession and inheritance within Hindu families
Variations	Different regional interpretations, including the *“Dayabhaga” School*
Regional Influence	Widespread influence on Hindu legal practices, especially in property law
Development	Evolved over time and influenced by legal reforms and societal changes
Modern Context	Coexists with contemporary legal frameworks and personal laws
Significance	Played a significant role in shaping Hindu family and property law

A voidable marriage is made invalid by the husband or wife through a decree.
A void marriage is invalid from the beginning.
Mitakshara Law of Succession applies to Hindu Undivided Families across India, except West Bengal and Assam.

The Supreme Court, headed by Chief Justice D.Y. Chandrachud, clarified that the child from a void or voidable marriage cannot claim rights to other family members’ properties.
The child’s inheritance rights pertain only to the parent’s share in the ancestral property.
A “notional partition” is conducted to ascertain the parent’s share immediately before their death.

The law assumes a partition of the ancestral property between the deceased parent and other family members before the parent’s death.
The child’s inheritance is based on the share the parent would have received through this notional partition.

Section 16 of the Hindu Marriage Act grants legitimacy to children born from void or voidable marriages.
The court held that these children have the right to their parents’ property.
The intent of granting legitimacy to such children in the Hindu Marriage Act is reflected in the Hindu Succession Act.

The Hindu Succession (Amendment) Act, 2005, allows a deceased person’s share in a joint Hindu family property to devolve to heirs by testamentary or intestate succession.
Before the amendment, devolution occurred only through survivorship.
Equal rights of succession are now granted to women as well as men.

The case was centered on Section 16(3) of the Hindu Marriage Act.
In 2011, a Division Bench of the Supreme Court championed the rights of children born from illegitimate marriages to inherit their parents’ properties.
The Division Bench emphasized that these children deserve the same rights as those born from valid marriages.

The concept of legitimacy evolves with changing social norms.
The court observed that what was considered illegitimate in the past may be legitimate today.
Children born from void or voidable marriages should not be denied inheritance rights based on evolving social consensus.