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february 1996

Supreme Court of India · 1996-02-08

SMT. GURNAM KAUR & ANR. vs PURAN SINGH & ORS.

Citation / case number
SC 1975/60594
Court
Supreme Court of India
Petitioner
SMT. GURNAM KAUR & ANR.
Respondent
PURAN SINGH & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 16 of the Hindu Marriage Act, 1955, as amended by Amendment Act 68 of 1976, a child born of a marriage that is null and void is deemed legitimate if the marriage would have been valid. The Court clarified that the requirement for a decree of nullity is no longer necessary for legitimacy. Consequently, the appellant, being the daughter of Ram Singh, is entitled to inherit his property under Section 8 of the Hindu Succession Act, 1956. The appeal was allowed, affirming the appellant's legitimacy and property rights.

SMT. GURNAM KAUR & ANR. vs PURAN SINGH & ORS. · Niyam