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HINDU LAW — COMPREHENSIVE NOTES

Topic 81

Illegitimate Children — Rights under Hindu Law

Miscellaneous & Cross-Cutting Topics

Relevant Sections: S.16 HMA | S.3(j) HSA

Priority: MEDIUM | Exam Relevance: RJS/DJS

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Illegitimate Children — Rights under Hindu Law

1. Section 16 HMA — Legitimacy of Children

Section 16 of the Hindu Marriage Act, 1955 is the pivotal provision that confers legitimacy on children born of void (S.11) and voidable (S.12) marriages:

• S.16(1): Notwithstanding that a marriage is null and void under S.11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.
• S.16(2): Where a decree of nullity is granted under S.12, any child begotten or conceived before the decree is made, who would have been legitimate if the marriage had been valid, shall be legitimate.
• S.16(3): Nothing in S.16(1) or (2) shall be construed as conferring upon any child any rights in or to the property of any person other than the parents.

2. Key Constitutional Bench Decision — Revanasiddappa (2023)

The 3-Judge Bench of the Supreme Court in Revanasiddappa v. Mallikarjun (2023 SCC OnLine SC 1087) — led by the then CJI Dr. D.Y. Chandrachud — conclusively settled the property rights of illegitimate children in Hindu joint family property:

• Right in Parents’ Property: A child of a void/voidable marriage is entitled to a share in the property of BOTH parents — including self-acquired AND ancestral property (to the extent of the parent’s share).
• NOT a Coparcener: Such a child does NOT become a coparcener in the Hindu Mitakshara Joint Family. They do not acquire any right by birth (jus nascendi) in the coparcenary property.
• Share Limited: The child’s share is limited to the share which the parent would have received on a notional partition under S.6(3) HSA.
• Limited to Parents Only: Under S.16(3), rights are conferred ONLY against the parents’ property, not against any other person’s property.

3. Definition of ‘Illegitimate Child’ Under HSA

Section 3(j) of the Hindu Succession Act defines ‘related’ to include illegitimate children for the purpose of succession. An illegitimate child is recognized as an heir for succession purposes, though with limitations imposed by S.16(3) HMA.

4. Maintenance Rights

• Under HAMA (S.20): Both legitimate AND illegitimate children have a right to be maintained by their parents. The duty to maintain is gender-neutral — applies equally to sons and daughters.
• Under S.125 CrPC / S.144 BNSS: Illegitimate children can claim maintenance from their father (if he has sufficient means and they are unable to maintain themselves).

5. Succession Rights

• From Father’s Property: Under the HSA as interpreted by Revanasiddappa, an illegitimate child can inherit the father’s self-acquired property and the share the father would have received on a notional partition.
• From Mother’s Property: An illegitimate child inherits from the mother under S.15-16 HSA as a child of the deceased.
• From Other Relatives: No right to inherit from any person other than the parents (S.16(3) HMA).

6. Key Case Law

7. Exam Tips

— End of Topic 81 —

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