Property Rights For Heirs

Summary

Children from void marriages in Tamil Nadu are considered legitimate and can inherit property from their father. The settlement deeds mention of male heirs includes all legitimate sons, even from a void marriage. Relevant Supreme Court cases include Revanasiddappa v. Mallikarjun (2011) and Tulsa v. Durghatiya (2008), which support the inheritance rights of such children. Legal advice is recommended for specific application.

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Fact: A father (X) has two wives. First wife (Y) has * sons and * daughter. Father (X) is married to his second wife (Z) and has * daughters and * son. The father married Z while Y was still alive. Before his marriage to Y, the father (X) and his mother were writing a settlement deed, where it is mentioned that the ancestral property (the property belongs to X and his father (deceased)) will be divided among the upcoming male legal heirs of X. Question: Though here the second marriage is void before the law, the children born out of that marriage will be treated as legitimate. As it is mentioned in the settlement deed that the property belongs to X and his father (deceased) will be divided among the upcoming male legal heirs of X. Whether the son of the second wife, who is a male legal heir of X, is entitled to share in the ancestral property.
In Tamil Nadu, the children from a void marriage are considered legitimate, and they can inherit property from their father. The settlement deed specifying distribution among male heirs would generally include all legitimate sons, including those from the second marriage. However, specific legal advice should be sought for precise application.
can u give me relevant SC citation or judgements relevnat to this case
Here are some relevant Supreme Court citations that might assist in understanding the legal position regarding property rights of children from a void marriage:
*. Revanasiddappa v. Mallikarjun (*): The Supreme Court held that children born out of void marriage are entitled to inherit their father's property.
*. Tulsa v. Durghatiya (*): The Court recognized the legitimacy of children born out of void marriages and their right to property inheritance.
These citations reflect the recognition of the rights of children born from void marriages in relation to property inheritance. However, consulting a legal professional for specific application would be advisable.