Non-marital children's claim over parents' ancestral properties: SC reserves verdict
New Delhi (PTI): The Supreme Court on Friday reserved its verdict on a 2011 plea pertaining to the vexatious legal issue whether non-marital children were entitled to a share in the ancestral property of their parents under Hindu laws.
A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra heard submissions of several lawyers on a plea which is pending since 2011.
The top court will also decide the question whether the share of such children is limited only to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act.
These questions were referred to a larger bench by a two-judge bench of the apex court on March 31, 2011.
"The question which crops up in the facts of this case is whether illegitimate children are entitled to a share in the coparcenary (ancestral) property or whether their share is limited only to the self acquired property of their parents under Section 16(3) of the Hindu Marriage Act," the bench had said while referring the case to a larger bench.
The court had said the provision makes it very clear that a child of a "void or voidable marriage" can only claim rights to the property of his parents, and no one else.
The bench had disagreed with the earlier findings of the top court that such children will have no right in ancestral properties of their parents.
"With changing social norms of legitimacy in every society, including ours, what was illegitimate in the past may be legitimate today. The concept of legitimacy stems from social consensus, in the shaping of which various social groups play a vital role... in a changing society law cannot afford to remain static...," it had said.
According to Hindu law, in a void marriage, the parties do not have the status of husband and wife.
As per the statute, husband and wife have the status in the voidable marriage.
In a void marriage, no decree of nullity is required to annul the marriage. While, in a voidable marriage decree of nullity is required.
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People are voting fearlessly in West Bengal this time: PM Modi
Hardoi (UP) (PTI): Prime Minister Narendra Modi on Wednesday said voters
are casting their vote in West Bengal this time in a "fearless atmosphere", which was unimaginable in the past six or seven decades.
He also asserted that the assembly poll results on May 4 will further strengthen the resolve of a developed India.
Voting is underway in 142 constituencies of West Bengal in the second and final phase of polling.
Addressing a gathering after the inauguration of the Ganga Expressway here, Modi said today marks an important day in the festival of democracy.
"Voting for the second phase is underway in Bengal, and reports indicate a massive turnout, with people stepping out in large numbers just like in the first phase. Images of long queues at polling stations are flooding social media, reflecting the enthusiasm of the people to exercise their democratic right," he said.
"What we are witnessing in Bengal today is unprecedented which was difficult to imagine in the past six to seven decades, a fearless environment where people are voting without fear," he said.
The prime minister said this is a powerful symbol of the country's Constitution and the strengthening of democracy.
"I express my gratitude to the great people of Bengal for being so aware of their rights and participating in large numbers," he said.
With several hours of voting still left, the prime minister urged the people of Bengal to continue participating in this democratic festival with the same enthusiasm.
Modi said in the recent Bihar Assembly elections, the BJP and NDA achieved a historic and decisive victory.
"Just yesterday, results of local body elections in Gujarat showed that the BJP secured victories in nearly 80 to 85 percent of municipalities and panchayats.
"The results on May 4 will further strengthen the resolve of a developed India and will infuse new energy into the pace of development of the country."
The first phase of polling for 152 seats -- out of the 294-member West Bengal assembly -- was held on April 23.
The counting of votes for assembly polls in Kerala, West Bengal, Puducherry, Assam and Tamil Nadu will take place on May 4.
