The Supreme Court has held that children born from Null and Void marriages would be entitled to rights in or to the absolute property of the parents and no other person.
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.
Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being
by Ajay J. Nandalike†