Children From First And Second Marriages Eligible For Late Father's Ancestral Property: Odisha High Court

The Odisha High Court recently resolved a dispute over inheritance related to children born from the first and second marriages. The problem arose when Anusaya Mohanty, the first wife of the late Kailash Chandra Mohanty, filed a petition before the Bhubaneswar Family Court to be recognised as the legally wedded wife and the legal heir.

She claimed that her marriage to Kailash Chandra Mohanty in June 1966 was legally valid according to Hindu customs and traditions, and that they had two sons.

The contest arose when Sandhya Rani Sahoo, the second wife of the deceased, contested Anusaya's claim in terms of a claim she had made. Sandhya argued that her legal counsel passed away in the run-up to proceedings and that the disruptions caused by the intervening Covid-19 pandemic prevented her from keeping track of key developments in the case. She argued that these conditions resulted in the Family Court delivering its initial verdict in her absence without providing her a fair opportunity to present her case.

This dispute raised larger issues of inheritance rights under Hindu law, particularly for children born of voidable marriages and their rights to ancestral and self-acquired property.

Family Court's Judgement

On 29th October 2021, the Family Court pronounced its judgment, declaring Anusaya to be the legally married wife of the deceased Kailash Mohanty, and awarded her rights on the self-acquired and ancestral properties of the deceased. After the judgment, Sandhya Rani Sahoo submitted an appeal before the Odisha High Court on the grounds that the Family Court had not given her sufficient opportunity to present her case.

Realising the procedural challenges that Sandhya had experienced because of the demise of her lawyer and pandemic-related disruptions, the High Court stepped in to bring about justice.

An interim direction was granted. Considering the ages of the parties, Anusaya being around 80 years old and Sandhya 70, the High Court ordered the rights over the property to be divided equally between them 60:40 where 60 per cent will be distributed to Anusaya and 40 per cent to Sandhya.

High Court's Clarification

The central issue before the Odisha High Court was whether kids who were born from Sandhya's voidable marriage would be able to claim a share in the property of their father. The Court viewed the question in the light of Section 16 of the Hindu Marriage Act, 1955, which legalises children born out of void and voidable marriages. In addition to this, Section 16 states that such children have the same rights under the law as those born out of valid marriages, i.e., inheriting parental property.

The Court also examined the Hindu Succession Act, 1956. As per this Act, legitimised children under Section 16 are Class-I heirs. This gives them an indisputable right to inherit self-acquired property of their parents. The Court clarified, however, that where ancestral property is involved, inheritance of such children is restricted to the share which would have been distributed to their parent under notional partition before the parent's death.

The Court placed reliance on the case of Revanasiddappa & Anr. vs Mallikarjun & Ors. (2023 LiveLaw 737) of the Supreme Court. In this ruling, it was explained that while Section 16 of the Hindu Marriage Act confers legitimacy upon children born of void or voidable marriages, they can only inherit the interest of their parent in a Mitakshara coparcenary. The clarificatory judgment of the Supreme Court created a clear legal precedent, and children such as these cannot be given anything more than their parents would have been entitled to in coparcenary property.

Notional Partition And Property Distribution

A notional partition is a legal mechanism used to determine the rights of a dead parent in ancestral property before it is actually shared among the heirs. In simple terms, it entails calculating what portion of the property would have been received by a parent if he or she had been alive at the time of distribution.

In the present case, the notional division determines Sandhya's share of interest in her husband's ancestral property. When and if her notional share is ascertained, her children have a right over this share. This ensures that the property is divided equitably among all legal heirs without reducing the portion of the children from the first marriage.

The process of notional division preserves the provisions of Hindu succession law by holding equal importance the rights of the rightful heirs, both from valid and voidable marriages. It also provides clarity to families entangled in cases involving dispute over ancestral property, to put an end to further litigation.

High Court Judgement On Sandhya's Children

Rejecting Sandhya's appeal, the Odisha High Court decided that the original order issued by the Family Court had to be altered to clearly mention the inheritance rights of her children. Odisha High Court clarified that:

Sandhya's children from the marriage are entitled to inherit their deceased father's self-acquired property.

For ancestral property, these children will receive a share equal to the share they would have obtained had their parent received it in a hypothetical partition.

The decision reiterated the legal status under the Hindu Succession Act and the Hindu Marriage Act that children born of voidable marriages have their rightful share without infringing on other inheritors' rights.

In modifying the Family Court order, the High Court provided equal treatment to all parties and their children, a testament to the judiciary's commitment to equal settlement of inheritance cases.

Moreover, the judgment provides legal certainty to families entangled in such disputes. It establishes a precedent that legitimised children of second or voidable marriages as able to claim inheritance rights but in a manner that still respects the rights of children of earlier valid marriages. Such a balance is required for resolving family conflicts and the lawful division of ancestral and self-acquired property.