In a recent legal case, the Supreme Court has made a significant ruling that children born out of void or voidable marriages are entitled to a share in notionally partitioned property belonging to their parents. The case in question revolved around a suit for partition and possession of agricultural lands, which were treated as joint family or ancestral properties.

The bench of, Justice M.M. Sundresh and Justice S.V.N. Bhatti, emphasized the importance of recognizing the rights of children regardless of the validity of their parents' marriage. The court held that denying the offspring of such marriages a share in the property notionally partitioned in favor of the deceased parent is both legally and factually unsustainable.

The legal representation in the case saw AOR Rakesh K. Sharma representing the appellants, while AOR T.R.B. Sivakumar appeared for the respondents. The trial court had initially rejected the status of the heirs as coparceners due to the lack of evidence proving the marriage between the parents. The Madras High Court upheld this decision, stating that the claim for partition based on the existence of coparceners would not be valid.

However, the Supreme Court highlighted a common infirmity in the examination of issues by both the trial and appellate courts. It noted that the rejection of the claim as a coparcenary lacked consideration of the relief that could be granted based on the admitted circumstances on record.

The court clarified that in a partition suit, the distribution of shares is contingent upon the status and timing of the partition decree. The fluctuation of shares is determined by events within the family and the circumstances presented by the involved parties. Rejecting the argument that the status of parties claiming a share in the property lacked evidence, the court concluded that the appeal should be allowed.

Case: Raja Gounder & Ors. v. M. Sengodan & Ors,

CIVIL APPEAL NO. OF 2024 (@ SLP(C) No. 13486 OF 2007).

Click to Read/Download Judgment.