Right to property of child from second Hindu marriage


If a Hindu man marries another woman without divorcing the first one, which is against the Hindu Marriage Act, does the child born out of the second marriage have any right to the man's property? What are the laws which can safeguard this child (property and otherwise)?

Answers (1)


333 votes

Even though  second marriage under Hindu Marriage Act is null and void, any child of such a marriage, who would have been legitimate had the marriage been valid, shall be deemed legitimate. This legal fiction of legitimacy has been created so that children of void and voidable marriages do not suffer for no fault of theirs. However, children of void and voidable marriages are entitled to a right in the property of only their parents, not other relatives. And they do not enjoy an interest in coparcenary property.


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