Supreme Court Issues Notice On Whether Children From Second Marriage Are Entitled To Share In Ancestral Property

Factual Background

• The name of the case is Suman Bai V. Gangabai Tryambakrao Katre.
• The High Court, in an inheritance dispute, observed that since the children were born out of second marriage, they should not inherit share in their grandmother’s property.
• The petitioner approached the Supreme Court against the impugned decision of the Apex Court to claim the right to ancestral property.
• Pending Case (Revanasiddappa Case)
• The Court had observed that children who are born out of a void marriage would be entitled to inherit the property that the parents have either inherited from the ancestral property or acquired themselves.
• The case was referred to a three judge bench for interpretation of the provision.

Court’s Orders

• The Supreme Court has stated that a matter on the same question is pending in the case of Revanasiddappa and Anr. v. Mallikarjun and Ors, and this case should be decided after the case is decided.
• The Court stayed the direction of inheritance in favour of the respondents.

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