REVANASIDDAPPA & ANR. versus MALLIKARJUN & ORS.

REVANASIDDAPPA & ANR. versus MALLIKARJUN & ORS.

Children who are conferred legitimacy under s.16(1) or s.16(2) of the Hindu Marriage Act are entitled to rights in or to the property of their parents; where a parent had an interest in Mitakshara coparcenary property the child's entitlement is to the share in the property that would have been allotted to the parent on a notional partition immediately before the parent's death (per Explanation to s.6(3) HSA), and such share is then distributable among the parent's heirs (including legitimised children) under the HSA; legitimised children do not acquire independent coparcenary rights in the larger coparcenary or rights in property of persons other than their parents as limited by s.16(3).

Parties
Appellants: Revanasiddappa & Anr.; Respondents: Mallikarjun & Ors.
Jurisdiction
India
Judgment Date
01 September 2023
Procedural Posture
Civil Appeal / Reference to Three Judge Bench Answered by Judgment Dated 01 09 2023
Outcome
Reference answered: children legitimised under HMA s.16(1)/(2) are entitled to share in the property of their deceased parents including the parent's notional coparcenary share as ascertained under HSA s.6(3) but are not entitled to rights in property of any person other than their parents
Legal Topics
Legitimacy of Children Under Hindu Marriage Act S.16, Coparcenary Rights Under Mitakshara Law, Devolution of Property Under Hindu Succession Act S.6, Notional Partition, Interaction Between HMA S.16(3) and HSA S.6(3)
Family Law Succession Law Constitutional Law Legitimacy of Children Under Hindu Marriage Act S.16 Coparcenary Rights Under Mitakshara Law Devolution of Property Under Hindu Succession Act S.6 Notional Partition Interaction Between HMA S.16(3) and HSA S.6(3)

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Parties

Revanasiddappa & Anr.

Appellants

Mallikarjun & Ors.

Respondents

Procedural Posture

Civil Appeal / Reference to Three Judge Bench Answered by Judgment Dated 01 09 2023

Legal Issues

  1. 1 Whether a child conferred legitimacy under s.16(1) or s.16(2) of the Hindu Marriage Act, 1955 is entitled to ancestral/coparcenary property of the parents or only to the self-acquired/separate property of the parents
  2. 2 How s.16(3) of the HMA interacts with s.6(3) and the Explanation to s.6 of the Hindu Succession Act, 1956 in ascertaining the share of a legitimised child in coparcenary property

Ratio Decidendi

Children who are conferred legitimacy under s.16(1) or s.16(2) of the Hindu Marriage Act are entitled to rights in or to the property of their parents; where a parent had an interest in Mitakshara coparcenary property the child's entitlement is to the share in the property that would have been allotted to the parent on a notional partition immediately before the parent's death (per Explanation to s.6(3) HSA), and such share is then distributable among the parent's heirs (including legitimised children) under the HSA; legitimised children do not acquire independent coparcenary rights in the larger coparcenary or rights in property of persons other than their parents as limited by s.16(3).

Court Disposition

Reference answered: children legitimised under HMA s.16(1)/(2) are entitled to share in the property of their deceased parents including the parent's notional coparcenary share as ascertained under HSA s.6(3) but are not entitled to rights in property of any person other than their parents

Orders

  • Reference to three Judge Bench answered in the terms of the judgment dated 01-09-2023
  • Matters in the individual cases to be listed before a two Judge Bench for disposal according to roster