https://www.taxtmi.com/caselaws?id=171711 A beneficial legitimacy provision creating a legal fiction must be applied according to its terms, and amended Section 16 of the Hindu Marriage Act, 1955 was held to operate independently through its non obstante clause. The amendment removed the earlier unconstitutional distinction between children of void marriages based on the source of invalidity, and confers legitimacy on children born of void marriages whether before or after the amendment. That fiction extends only to inheritance from the parents' property, not beyond it. On that basis, children of the second marriage were treated as legitimate for succession to the father's property, and the Article 14 challenge failed. en-us Fri, 26 Apr 1996 00:00:00 +0530 Wed, 29 Jul 2015 17:27:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171711 A beneficial legitimacy provision creating a legal fiction must be applied according to its terms, and amended Section 16 of the Hindu Marriage Act, 1955 was held to operate independently through its non obstante clause. The amendment removed the earlier unconstitutional distinction between children of void marriages based on the source of invalidity, and confers legitimacy on children born of void marriages whether before or after the amendment. That fiction extends only to inheritance from the parents' property, not beyond it. On that basis, children of the second marriage were treated as legitimate for succession to the father's property, and the Article 14 challenge failed. Case-Laws Indian Laws Fri, 26 Apr 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171711