Andhra Pradesh High Court affirms inheritance rights for children of void marriages

…children born of void marriages are legitimate for inheritance purposes and can inherit from both parents, and their grandparents (if such parent is predeceased), unless a valid Will provides otherwise. Ajinkya says: “ It ensures such children are not left legally disinherited due to the actions of their parents. It must be highlighted that under Hindu succession law, the legal heirs of a Hindu woman are her husband and children.” In this particular case, as she had no surviving husband or children, her estate devolved to the…

…does this judgement clarify about Hindu Marriage? Heena Chheda, Partner at Economic Laws Practice, explains what this judgement means for children from second marriage:Children of void marriages are legitimate heirs The high court clarified that even if a marriage is legally void, children born out of such marriages cannot be treated as illegitimate when it comes to inheritance .Relying on both Section 16 of the Hindu Marriage Act and a recent Supreme Court judgment (Revanasiddappa vs. Mallikarjun, 2023), the high court judges ruled that such children are entitled to inherit their parents’…