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Karnataka High Court

Karnataka High Court Upholds Daughter’s Share In Father’s Property Despite Void Marriage

The Karnataka High Court has upheld a daughter’s inheritance from her father despite the invalidity of her parents’ marriage, without disturbing her half-brother’s independent coparcenary share.

Judge / Bench — Justice S.R. Krishna Kumar.

Dismissing Hanumanthappa v Shanthamma on 8 October 2026, the court applied the Supreme Court’s interpretation of Section 16 of the Hindu Marriage Act. A child of a void marriage can inherit a parent’s property, including the parent’s share determined through a notional partition, but does not acquire rights in other relatives’ property by birth.

The father’s notional half-share was divided between his son and daughter. The daughter therefore received one-quarter of the disputed property, while the son retained three-quarters. The court found no substantial question of law warranting interference.

Advocates appearing — For the appellant — Siddappa B. M. For respondents 1–2 — K. R. Lingaraju. For respondents 3(a)–3(f) — M. G. Kantharajappa. For respondent 4 — Not named in the judgment.

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