Question

Ashima and Ashok got married to each other in a traditional Hindu ceremony in Kolkata, after which they both moved to the USA, where Ashok had a job. In the USA, they had a child, whom they named Gogol. Many years later, Ashima found that Ashok was already married to Sushma before their wedding in Kolkata. Ashok and Sushma also had a child from their marriage, Arpita, who was older than Gogol by 4 years. Ashok explained to Ashima that although he had no intention of cheating on her, he had to keep his marriage to Sushma a secret since his parents would have never agreed as Sushma belonged to a different caste. Ashima is shocked to learn that her marriage to Ashok is void as per Hindu marriage laws since Ashok was already married before their wedding. She is trying to explore possibilities so that Gogol doesn’t lose his inheritance from his father’s side of the family. Based on your reading of the passage, what do you think is the correct position with respect to Gogol’s inheritance rights?

• A. Gogol could claim the entirety of Ashok’s share of the ancestral property
• B. Gogol would inherit the entire ancestral property as the only son of Ashok.
• C. Gogol would inherit his share from within Ashok’s share of the full ancestral property without prejudice to the inheritance of other legal heirs, including Arpita.
• D. Only Sushma and Arpita are the rightful legal heirs of Ashok.
• A. Sushma and Ashima.
• B. Sushma, Ashima, Arpita, and Gogol, as they are all his rightful legal heirs
• C. Sushma, Arpita, and Gogol.
• D. Sushma and Arpita.
• A. The amended provisions of the Hindu Marriage Act grant legitimacy to children from voidable marriages and therefore this logic should be extended to children born of voidable and void marriages under the Hindu Succession Act.
• B. The amended provisions of the Hindu Marriage Act give legitimacy to the second marriage and therefore this should also have an impact on the Hindu Succession Act.
• C. The amended provisions of the Hindu Marriage Act grant legitimate status to children from void or voidable marriages and therefore this should also extend to the Hindu Succession Act.
• D. The Hindu Marriage Act has no bearing on the case in question
• A. Kausalya’s children cannot inherit Dashrath’s ancestral property but can inherit his self-acquired property.
• B. Both Ram and Lakshman can inherit their father’s share of the ancestral property irrespective of the voidable status of their parent’s marriage.
• C. If Kausalya decides to annul her voidable marriage, she and her sons would lose all rights of inheriting ancestral property from Dashrath.
• D. Ram and Lakshman can only inherit ancestral property from their mother’s side since she decided to annul the voidable marriage
• A. He would say that her children can still inherit property from Ajay thanks to the Supreme Court judgment.
• B. He would advise her to get her marriage registered so that they can inherit property
• C. He would advise her to ignore her marriage with Ajay since it is anyway a void marriage.
• D. He would advise her to speak to Diya and sort it out with her so that her children can inherit property since she would have the final say.
• A. No, she cannot inherit property as the judgment merely talks about the rights of children from void marriages.
• B. Yes, she should fight for her rights to inherit property.
• C. Yes, Ajay would have to give her property since he cheated on her.
• D. She would get an equal share of property as Diya, since they are both his wives who got married to him without knowing about each other.
• A. Dhanalakshmi would not have any right in her mother’s share of the property since the right of inheritance pertains only to father’s share of property.
• B. Dhanalakshmi could demand a notional partition and get a share from Srimati’s portion of her ancestral property.
• C. Being a child from a void marriage, Dhanalakshmi has no rights of inheritance.
• D. It is Srimati’s decision as to whom she gives rights in her property.

Answer 1

The Correct Option is C

Gogol is entitled to his share of Ashok’s inheritance from the ancestral property, but Arpita, as Ashok’s child from a valid marriage, would also have a claim to the property. Therefore, Gogol’s claim is not exclusive, and the property would be divided accordingly.
The Correct Answer is option (C): Gogol would inherit his share from within Ashok’s share of the full ancestral property without prejudice to the inheritance of other legal heirs, including Arpita.

Answer 2

Although the property is self-acquired, Ashok’s legal heirs from his first marriage (Sushma) and his children (Arpita and Gogol) have a right to inherit it
The Correct Answer is option (C): Sushma, Arpita, and Gogol.

Answer 3

The ruling emphasized that legitimacy granted by the Hindu Marriage Act to children of void or voidable marriages should also be reflected in the Hindu Succession Act, thereby granting them inheritance rights.
The Correct Answer is option (C): The amended provisions of the Hindu Marriage Act grant legitimate status to children from void or voidable marriages and therefore this should also extend to the Hindu Succession Act.

Answer 4

Children from voidable marriages are still entitled to inherit their father’s ancestral property, even if the marriage is annulled
The Correct Answer is option (B): Both Ram and Lakshman can inherit their father’s share of the ancestral property irrespective of the voidable status of their parent’s marriage.

Answer 5

Despite the marriage being void, children born from the marriage are considered legitimate for inheritance purposes under the Supreme Court ruling.
The Correct Answer is option (A): He would say that her children can still inherit property from Ajay thanks to the Supreme Court judgment.

Answer 6

The Supreme Court judgment specifically addresses the inheritance rights of children born from void or voidable marriages. Since Riya’s marriage to Ajay is void, she does not inherit property from him. The judgment does not grant rights to spouses of void marriages.
The Correct Answer is option (A): No, she cannot inherit property as the judgment merely talks about the rights of children from void marriages.

Answer 7

Although Dhanalakshmi was born from a void marriage, she can still inherit her mother’s ancestral property. She can claim her share through a notional partition of the property, as she is considered a legitimate child under the Hindu Succession Act.
The Correct Answer is option (B): Dhanalakshmi could demand a notional partition and get a share from Srimati’s portion of her ancestral property.