Haryana: ‘Kids of void marriage entitled to father’s land’ | Gurgaon News

CHANDIGARH: A Haryana income court docket headed by monetary commissioner has held that the youngsters of void marriage can be entitled to share within the property of their father at par with the youngsters of first legitimate marriage of their father, irrespective of the very fact whether or not such property is ancestral or self-acquired.
The monetary commissioner’s court docket, headed by senior Haryana bureaucrat Ashok Khemka, has handed these orders whereas adopting a SC judgment and decoding Section 6 (3) of the Hindu Succession Act.
“Legitimacy has been conferred on the child born of a void or voidable marriage as per Section 16 (1) & (2) of the Hindu Marriage Act. The SCin “Revanasiddappa and one other versus Mallikarjun and others” has considered the property rights of such children declared legitimate under Section 16 of the Hindu Marriage Act. The SC had held that Section 16 (3) does not impose any restriction on the property rights of children of void and voidable marriages ,” Khemka has noticed.
2nd spouse received’t be entitled to property share: Court
In this case, Dhup Singh, a resident of Mirzapur village in Hisar district, had two wives, Chander Devi (legally wedded first spouse) and Maya Devi (by means of karewa marriage). The first spouse had six sons and the second spouse had 4 sons and 4 daughters. Before his dying, Dhup Singh had executed a registered relinquishment deed No. 3479 dated June 23, 2015, in favour of the youngsters from his first spouse for half of his property. He died in October 2015 and his remaining land was entered in favour of kids of second spouse.
However, the DRO-cumcollector Hisar on October 4, 2018, ordered to re-enter the land within the identify of kids of second spouse in favour of the primary spouse and her kids. In an attraction filed by second spouse and her kids, the commissioner, Hisar division, on July 9, 2019, put aside the collector’s orders and directed him to determine the problem afresh.
The kids of first spouse, nevertheless, had filed a revision petition earlier than the monetary commissioner’s court docket. The counsel, showing for first spouse and her kids, argued that since it’s ancestral coparcenary property, the ‘illegitimate’ kids by means of the loins of the deceased Dhup Singh should not entitled to any share.
The solely challenge earlier than the monetary commissioner’s court docket was to determine whether or not the illegitimate kids of second spouse by means of Dhup Singh are entitled to a share from the property (ancestor or self-acquired) of deceased at par with the authentic kids from the primary spouse, in mild of Section 16 of the Hindu Marriage act learn with Section 6 (3) of the Hindu Succession Act.
The monetary commissioner put aside each orders and directed to re-entering of one portion of the property of Dhup Singh in favour of his kids from his second marriage. The commissioner, nevertheless, made it clear that his second spouse wouldn’t be entitled to any property.


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