Child Born from Void Marriage Entitled to Half of Deceased Father's Share in Ancestral Property; Sale Deeds by Co-Sharer Upheld with Equitable Partition Adjustments
In a significant judgment delivered on October 8, 2026, the Karnataka High Court, presided over by Justice S.R. Krishna Kumar, clarified the property rights of a child born from a void marriage under Hindu law. The Court held that such a child is entitled to succeed to the share of their deceased parent in joint family property upon notional partition, in line with the Supreme Court's ruling in Revansiddappa v. Mallikarjun (AIR 2023 SC 4707).
The case arose from a partition suit filed by Smt. Shanthamma and her daughter (plaintiffs) against Sri Hanumanthappa (appellant) and others. The plaintiffs claimed that Smt. Shanthamma was the second wife of the late Agasara Hanumanthappa, and the daughter was his child born from a void marriage, thus entitled to a share in the ancestral/joint family property. The appellant, a son from the first wife, contested this claim, denying any relationship and rights of the plaintiffs over the suit properties.
The trial court, after examining evidence and witnesses, found that although the marriage between the deceased and the second wife was void (due to subsistence of the first marriage), the daughter was indeed the deceased's child and entitled to inheritance rights under Section 16 of the Hindu Marriage Act, 1955, read with Sections 6, 8, and 10 of the Hindu Succession Act, 1956. The Court held that the deceased had a half share in the joint family property, and the daughter was entitled to half of that share, i.e., a quarter share in the property, with the appellant entitled to the remaining three-fourths.
Regarding the sale deeds executed by the appellant in favor of other defendants before the suit, the trial court initially directed cancellation and noting of these deeds at the Sub-Registrar's office. However, on appeal, the first appellate court set aside this direction due to the absence of a specific prayer for cancellation but ordered that the lands sold be allotted to the appellant's share by way of equitable partition.
The appellant challenged these findings before the High Court, raising questions including the legitimacy of the daughter's claim, the nature of the joint family property, and procedural issues regarding the trial court's judgment. The High Court, relying extensively on the Supreme Court's authoritative decision in Revansiddappa, reaffirmed that a child born from a void marriage is conferred legitimacy for the purpose of succession to the property of the parents only. The Court emphasized that such a child cannot claim rights in property of persons other than the parents, but is entitled to the deceased parent's share in the joint family property on the basis of a notional partition immediately before death.
The Court noted the undisputed fact that Agasara Hanumanthappa had a 50% share in the suit schedule properties during his lifetime, and upon his death, his share must be notionally partitioned between his legitimate heirs. Consequently, the daughter's entitlement to a quarter share of the total property was upheld, and the appellant was entitled to the remaining three-quarters.
The High Court also approved the modification made by the first appellate court concerning the sale deeds, holding that the purchasers were entitled to the portions sold by the appellant, and the shares in the property were to be adjusted accordingly.
Finding no substantial question of law, the High Court dismissed the appeal, thereby upholding the concurrent findings of the lower courts and firmly establishing the rights of children born from void marriages under Hindu succession laws.
This judgment reinforces the legal principle that children born of void marriages are not to be deprived of inheritance rights in their parents' property and clarifies the scope of such rights in joint family settings governed by Mitakshara law.
Bottom Line:
Hindu Law - Child born from void marriage is entitled to succeed to the share of her parent in joint family property upon notional partition - Such child cannot claim in property of persons other than parents, but can inherit the deceased parent's share under Section 16 of Hindu Marriage Act read with Sections 6, 8 and 10 of Hindu Succession Act - In partition suit, illegitimate daughter held entitled to 1/4th share in suit properties representing half share in deceased father's notional 1/2 share - Direction to Sub-Registrar to note cancellation of sale deeds without specific prayer rightly set aside, and alienated portions directed to be allotted to share of alienating co-sharer.
Statutory provision(s):
Hindu Marriage Act, 1955 Section 16, Hindu Succession Act, 1956 Sections 3(1)(j), 6, 8, 10, Civil Procedure Code, 1908 Section 100, Specific Relief Act, 1963 Section 31, Karnataka Land Revenue Act Section 132
Sri Hanumanthappa v. Smt. Shanthamma, (Karnataka) : Law Finder Doc Id # 2999893
