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.