Recently, the Orissa High Court said that children born out of second or void marriage are also entitled to inherit not only the self-acquired but also the ancestral properties of their father since Section 16 of the Hindu Marriage Act, 1955 confers legitimacy on children born out of void marriage. The Orissa High Court also said that the Hindu Successions Act, 1956, gives the right to legitimised children to inherit self-acquired properties of parents as Class-I heirs. As per the details of the case, the respondent filed a civil proceeding before the Family Court, Bhubaneswar, seeking a declaration that she is the legally wedded wife of the late Kailash Chandra Mohanty (deceased) and, therefore, his rightful legal heir. She also claimed that their marriage took place on June 5, 1966, as per Hindu rites and customs, and they lived together. 'Up to the Government To Make Policy Calls on Such Issues': Supreme Court Refuses To Entertain PIL Seeking Social Media Ban for Children Below 13.
HC Says HMA Confers Legitimacy on Children Born Out of Void Marriage
Children Born Out Of Void Marriage Entitled To Inherit Ancestral & Self-Acquired Property Of Hindu Father: Orissa High Court#OrissaHC #HMAhttps://t.co/on2JNXkymG
— Live Law (@LiveLawIndia) April 4, 2025
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