Section 16 Hindu Marriage Act: Legitimacy and Inheritance Rights of Children
Updated 21 October 2026
Section 16 of the Hindu Marriage Act, 1955 protects the legal status of children born from marriages that are void or later annulled. The provision prevents a defect in the parents' marriage from automatically depriving a child of legitimacy. It also defines important limits on property rights.
What does Section 16 of the Hindu Marriage Act mean?
Legitimacy is a legal status recognising a child as legitimate for purposes governed by law. Section 16 addresses children of two different kinds of marriage:
- Void marriage (Section 11): A marriage that is null and void because it contravenes specified conditions in Section 5, such as the existence of a living spouse, prohibited relationships or sapinda relationships where no applicable custom permits the marriage.
- Voidable marriage (Section 12): A marriage that remains legally effective unless and until a competent court annuls it on a statutory ground.
These two situations have different rules under Section 16. Read the related articles on Section 11 (void marriages) and Section 12 (voidable marriages).
Section 16: explanation of all three subsections
Section 16(1): children of void marriages
Notwithstanding that a marriage is null and void under Section 11, a child of that marriage who would have been legitimate if the marriage had been valid is treated as legitimate. The protection applies to children born before or after the commencement of the Marriage Laws (Amendment) Act, 1976. It applies whether or not a decree of nullity has been granted and whether or not the marriage is held void otherwise than on a petition under the Act.
Effect: A decree declaring the marriage void is not a precondition for the statutory legitimacy conferred by subsection (1). The child does not bear the legal disadvantage merely because the marriage was void.
Section 16(2): children of voidable marriages
Where a court grants a decree of nullity under Section 12, a child begotten or conceived before the decree is made is deemed legitimate if the child would have been legitimate had the marriage been dissolved, rather than annulled, on the date of the decree.
Effect: The decree of annulment does not retrospectively take away the protected child's legitimacy. The subsection expressly refers to a child begotten or conceived before the decree.
Section 16(3): limits relating to property
Subsection (3) provides that subsections (1) and (2) do not, merely by conferring legitimacy, grant a child rights in or to the property of any person other than the parents, where such rights would otherwise have been unavailable because of the child's status.
Accordingly, the provision protects inheritance interests connected to the parents while not automatically creating inheritance rights in the estates of grandparents, uncles, aunts or other relatives in their own capacity. The nature of a parent's property and the applicable succession law remain relevant.
Inheritance rights of children of void and voidable marriages
| Issue | Position under Section 16 |
|---|---|
| Child of a void marriage | Legitimate by operation of Section 16(1), subject to its terms. |
| Child conceived before annulment of a voidable marriage | Protected by Section 16(2), subject to its terms. |
| Property belonging to a parent | Inheritance rights can arise under the applicable succession law, read with Section 16(3). |
| Joint-family or ancestral property | The child does not acquire an independent coparcenary right by birth solely under Section 16, but may inherit the share attributable to the parent as clarified by the Supreme Court. |
| Property of relatives other than parents | Section 16 does not itself create rights in such persons' property. |
Property questions depend on the identity of the owner, whether the property is separate or joint-family property, the date of death, and the relevant rules of succession. The expressions ancestral property and joint-family property should not be treated as interchangeable in every case.
Supreme Court interpretation: Revanasiddappa v. Mallikarjun (2023)
In Revanasiddappa v. Mallikarjun, a three-judge bench of the Supreme Court clarified the relationship between Section 16 of the Hindu Marriage Act and succession to Hindu joint-family property. Children covered by Section 16 are legitimate, and their rights to their parents' property are not confined merely to property acquired independently by a parent.
The Court distinguished a child's right to inherit a parent's share from an independent coparcenary right by birth. In the case of a deceased parent who had an interest in Mitakshara coparcenary property, the parent's share is determined in accordance with the applicable succession rules, including the statutory concept of notional partition. The child may inherit from that share; the judgment does not make the child a coparcener by birth merely because Section 16 grants legitimacy.
For the official judgment, use the Supreme Court of India judgment search and search for Revanasiddappa v. Mallikarjun (2023). The full statute is available through the India Code official legislation portal.
Practical considerations for families and inheritance claims
- Identify the marriage status: Establish whether the marriage was void under Section 11 or annulled under Section 12.
- Establish parentage and relevant dates: Birth records, marriage records, a decree of nullity (where applicable) and other admissible evidence may be relevant.
- Identify the property: Determine whether it belonged to a parent personally, formed part of joint-family property or belonged to another relative.
- Apply succession law: Consider the Hindu Succession Act, 1956 and the relevant judicial interpretation, including the parent's ascertainable share where applicable.
- Seek appropriate relief: Depending on the dispute, a party may require a declaration, partition, succession-related relief or other proceedings in the competent court.
The court in which matrimonial proceedings are brought is governed by Section 19, while Section 20 addresses petition contents and verification. An inheritance dispute may require separate proceedings under the applicable civil and succession laws.
Legislative history and official sources
Section 16 was substituted by Section 11 of the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976), with effect from 27 May 1976. This change strengthened the protection given to children of void and voidable marriages. For the current consolidated statute and amendment history, consult the India Code portal and the Legislative Department, Ministry of Law and Justice.
Frequently asked questions
Are children of a void Hindu marriage legitimate?
Yes. Section 16(1) treats children who would have been legitimate if the marriage were valid as legitimate, whether or not a decree of nullity is obtained.
What happens to children when a voidable marriage is annulled?
Under Section 16(2), a child begotten or conceived before the decree of nullity is treated as legitimate if the child would have been legitimate had the marriage been dissolved instead.
Can such children inherit ancestral property?
The Supreme Court has explained that Section 16(3) permits rights in their parents' property, including the share that falls to a parent on a notional partition of joint-family property, but does not give these children independent coparcenary rights by birth in property belonging to others.
Is a court decree necessary for legitimacy under Section 16(1)?
No. Section 16(1) expressly operates whether or not a decree of nullity is granted.
Legal information: This article provides general information about Indian law, not advice for a particular case. The applicable law, documentary evidence and judicial decisions should be reviewed before asserting inheritance rights.