Illegal Marriage? Here’s What Indian Law Says About a Child’s Right to Ancestral and Father’s Property

When it comes to property rights in India, the legal status of the parents' marriage can raise serious questions. One such commonly asked question is: If a child is born out of an illegal or void marriage, does that child still have a legal claim over the father’s or grandfather’s property?

The answer may surprise you. Indian laws, especially under the Hindu Marriage Act, 1955, provide specific safeguards even for children born out of marriages that are legally void or invalid.

Property Rights of a Child Born from an Invalid Marriage

Let’s start by understanding what the law says.

If a marriage is not legally valid—for instance, if one of the partners was already married at the time, or if the marriage was annulled later by a court—any child born from that union is still considered a legitimate child under Section 16 of the Hindu Marriage Act, 1955.

That means the child is entitled to inherit property from the biological father, regardless of the marital status of the parents.

What About the Grandparents’ or Ancestral Property?

This is where things get a little more nuanced.

While a child born out of a void marriage can claim rights over the father’s self-acquired property, they are not automatically entitled to ancestral property or the property of other relatives—such as grandparents, unless:

• A valid will specifically includes them, or

• The father’s share in the ancestral property is clearly defined, in which case the child can claim that portion only.

So, unless the grandparent names the child in a will, the child has no direct coparcenary rights under Hindu Undivided Family (HUF) law.

Understanding the Hindu Undivided Family (HUF) Rules

In a Hindu Undivided Family setup, coparcenary rights (rights by birth in ancestral property) are reserved for those who are legally recognized as coparceners under the Mitakshara law.

If the father is a member of an HUF, then:

• The illegitimate child does not become a coparcener by default.

• However, the child can still inherit the father’s defined share in the HUF property once the father passes away or partitions his property.

This right is limited to only what the father owns or is entitled to, and not the entire ancestral estate.

No Legal Marriage? What if the Parents Were in a Live-in Relationship?

Another common scenario is when parents never got married and were living together in a live-in relationship. In such cases:

• The child is not automatically entitled to the father’s property under the Hindu Marriage Act.

• The child can, however, claim the mother’s property if no will states otherwise.

• If the father legally adopts or acknowledges the child, they may get inheritance rights—but this involves further legal steps.

Conclusion: Legal Protection Exists, But with Limits

Even if a marriage is not legally valid, Indian law protects the rights of children to an extent. Under the Hindu Marriage Act, such children are not discriminated against when it comes to claiming their father’s property.

However, when it comes to ancestral property or property of other relatives, the situation changes. Legal recognition through wills or documented shares becomes essential.

For anyone caught in such situations, it’s always best to consult a family law expert to understand their specific rights and navigate inheritance complexities legally and effectively.