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december 2002

Supreme Court of India · 2002-12-20

Jinia Keotin & Ors vs Kumar Sitaram Manjhi & Ors

Citation / case number
AIRONLINE 2002 SC 635
Court
Supreme Court of India
Petitioner
Jinia Keotin & Ors
Respondent
Kumar Sitaram Manjhi & Ors
Author
D. Raju
Bench
Doraiswamy Raju, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court held that under Section 16(3) of the Hindu Marriage Act, 1955, children born from a void marriage are not entitled to a share in coparcenary property, despite the amendments made to legitimize such children. The court affirmed the lower court's decision that the plaintiff was entitled to a 1/8th share in the ancestral properties, while the children from the void marriage were denied any share in the coparcenary property. The appeal by the second wife and her children was dismissed, reinforcing the legal principle that the status of children from void marriages does not confer rights to ancestral property.

Jinia Keotin & Ors vs Kumar Sitaram Manjhi & Ors · Niyam