The bench of Justices Sanjay Kishan Kaul and Hrikesh Roy issued a notice on whether the children from second marriage would have a share in ancestral property? The Special leave petition was filed against the observation of the High Court of Bombay, Nagpur Bench that the children should not inherit a share in the property of their grandmother, since they were born out of the second wife.

The Court while issuing the notice observed that a larger question relating to inheritance from second marriages is pending before the court in Ravanasiddapa & Anr vs. Mallikarajun & Ors (2011). The Court decided to hear the current petition after a judgment is delivered by a larger bench of this court.

Previous Interpretation by the Supreme Court In Bharatha Matha & Anr vs. R Vijaya Renganathan & others, it was held that children born out of void marriages were not entitled to claim the inheritance of the coparcenary property, but only a share in the self-acquired property of the father.

In Ravanasiddapa & Anr vs. Mallikarajun & ors (2011), the two-judge bench took a contrary view and it was held that the children born out of void marriages shall have an interest in coparcenary as well as the self-acquired property of the parents. Then the three-judge bench upheld the decision of the 2 judge bench regarding the share of children in their parent’s property but upheld the restriction imposed under section 16(3) of the Hindu Marriage Act, 1955. The question regarding restriction in 16(3) is pending before the Supreme Court.

-Report by GURPREET SINGH