October 16, 2025

Mitakshara law

 

A voidable marriage is one that is made invalid by the husband or wife through a decree.

A void marriage is invalid at the very inception.

  • The Supreme Court recently held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property governed by the Mitakshara law.
  • A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud however clarified that such a child would not be entitled to rights in or to the property of any other person in the family.

ABOUT MITAKASHARA LAW

  • The term Mitakshara is derived from the name of a commentary written by Vijnaneswara, on the Yajnavalkya Smriti.
  • It is a Hindu law school that governs the succession of property in a Hindu Undivided Families (HUF).
  • The Mitakshara school of thought holds that the son, grandson, and grandson’s son have a right to the family property through birth.
  • Mitakashara law of succession governing HUF applies to the whole of India except West Bengal and Assam.
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