Whether children from a second marriage would have a share in ancestral property? The Supreme Court issued notice in a special leave petition which raised this issue.
In this case, the petitioner had approached the Apex Court challenging a High Court observation that the children should not inherit a share in the property of their grandmother since they were born out of 'the second wife'.
While issuing notice, the bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy also noticed that a larger question as to whether in the ancestral property, the said children from a second marriage would have a share is pending consideration in Ravanasiddappa & Anr. vs.Mallikarjun & Ors, (2011) 11 SCC 1. The matter be listed after the judgement in the aforementioned case is pronounced, the court said.
Section 16 of the Hindu Marriage Act, 1955, provides that any child of a marriage which is null and void under section 11, who would have been legitimate if the marriage had been valid, shall be legitimate. However, Section 16(3) provides that it shall not be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.
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