The Hindu Marriage Act, 1955
Section 16: Legitimacy of Children of Void and Voidable Marriages
Section 16 of the Hindu Marriage Act, 1955 protects the legal status of children born from marriages that are void under Section 11 or are annulled as voidable under Section 12. The provision separates the validity of the parents' marriage from the legitimacy of the child.
Last reviewed: 27 September 2026
Void marriage and voidable marriage: the difference
A void marriage under Section 11 of the Hindu Marriage Act is null where the marriage contravenes the conditions specified there by reference to Section 5. Section 16(1) protects the legitimacy of a child of such a marriage whether or not a formal decree of nullity has been granted.
A voidable marriage under Section 12 remains effective unless and until it is annulled by a decree of nullity on a statutory ground. Section 16(2) deals with a child begotten or conceived before that decree.
What Section 16 of the Hindu Marriage Act provides
Section 16(1): child of a void marriage
Where a marriage is null and void under Section 11, Section 16(1) declares a child of that marriage legitimate if the child would have been legitimate had the marriage been valid. This protection operates whether the child was born before or after the Marriage Laws (Amendment) Act, 1976 and whether or not a decree of nullity has been obtained.
Section 16(2): child of a voidable marriage
Where a voidable marriage is annulled under Section 12, a child begotten or conceived before the decree, who would have been legitimate had the marriage been dissolved instead of annulled on that date, is deemed to be the legitimate child of the parties despite the decree.
Section 16(3): limitation concerning property of other persons
The legitimacy conferred by Section 16(1) and 16(2) does not, by itself, give the child rights in or to the property of a person other than the parents where the child would otherwise have been incapable of acquiring those rights because of the status of the parents' marriage.
For the authoritative statutory text, see the Hindu Marriage Act, 1955 on India Code. The consolidated official text should be checked before relying on the provision in legal proceedings.
Property and inheritance rights under Section 16(3)
Section 16(3) must be read carefully. It does not erase the legitimacy granted by the first two sub-sections. Instead, it limits the consequence of that legitimacy where rights are claimed in the property of persons other than the parents.
For Hindu joint family property governed by Mitakshara law, the Supreme Court has clarified that a child whose legitimacy is protected by Section 16 can succeed to the property that becomes the property of the parent, including the parent's share determined in the joint family property. The child does not, merely by virtue of Section 16, become a coparcener by birth in the larger Hindu joint family and cannot use Section 16 to claim property belonging to persons other than the parents.
Supreme Court: Revanasiddappa v. Mallikarjun
In Revanasiddappa v. Mallikarjun, 2023 INSC 783, a three-judge Bench of the Supreme Court examined Section 16 together with the Hindu Succession Act, 1956. The Court held, in substance, that the expression referring to the property of the parents is not confined only to self-acquired property. Where the parent has an interest in Mitakshara joint family property, the child protected by Section 16 can take in the share of that parent in accordance with succession law.
At the same time, the judgment preserves the statutory boundary: such a child is not a coparcener by birth in the Hindu joint family merely because Section 16 confers legitimacy. The child's entitlement is worked out through the parent's property or share, not through an independent birthright against the other coparceners.
Supreme Court of India is the official court portal. For filing or professional reliance, the judgment and current statutory text should be verified from official sources.
| Situation | Effect of Section 16 |
|---|---|
| Marriage void under Section 11 | Section 16(1) confers legitimacy on a qualifying child irrespective of whether a decree of nullity is obtained. |
| Voidable marriage annulled under Section 12 | Section 16(2) protects a qualifying child begotten or conceived before the decree. |
| Property of the parents | Rights are not confined merely to the parents' self-acquired property; the Supreme Court has explained how the parent's share in Mitakshara joint family property is treated. |
| Property of persons other than the parents | Section 16(3) does not confer an independent right in such property merely because legitimacy is conferred under Section 16. |
| Coparcenary status by birth | Section 16 does not make the child a coparcener by birth in the larger Mitakshara Hindu joint family. |
Frequently asked questions
Is a child of a void Hindu marriage legitimate?
Yes, where Section 16(1) applies. The provision expressly confers legitimacy even though the marriage itself is null and void under Section 11.
Is a decree of nullity necessary for Section 16(1)?
No. Section 16(1) is framed to operate whether or not a decree of nullity has been granted in respect of the void marriage.
What happens when a voidable marriage is annulled?
Section 16(2) protects a child begotten or conceived before the decree where the statutory conditions are satisfied.
Can a child protected by Section 16 claim ancestral or joint family property?
The answer depends on whose property is being claimed. Under the Supreme Court's 2023 ruling, the child may take in the parent's share when succession to that parent opens, including a share determined in Mitakshara joint family property. Section 16 does not create a coparcenary birthright against other family members or a general right to property of persons other than the parents.
Legal information: This page is a general explanation of Section 16 and is not a substitute for advice on the facts of a particular succession, partition, nullity or matrimonial dispute.