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A Child Born Out Of Invalid Marriage Or Where Marriage Has Been Declared As Nullity By Court He Is Entitled To Inherit Property Of His Parents

After Taking in to consideration the provision of section 16(1) of the Act 1956 irrespective of the nullity of the marriage u/s 11 of the Act ,any child who would have otherwise been legitimate if the marriage has been held valid, shall be legitimate whether such child is born before or after the comments of the Act of 1956 and whether or not a decree of nullity has been granted to the parties in respect of that marriage has been held to be void otherwise than on a petition under the Act.

The oral evidence shows that child born out of such relationship can not be denied of the legal entitlement. When there are material on record to indicate that the suit schedule property belonged to father and when it is not in dispute that he had died intestate, the daughter would be entitled to a share in the properties along with class 1 heirs.

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