Law4u - Made in India

Can an illegitimate child inherit property in India?

Answer By law4u team

In India, the inheritance rights of illegitimate children (children born out of wedlock) vary based on the personal laws applicable to different religions. Here’s a detailed overview:

1. Hindu Law

Under Hindu law, illegitimate children are entitled to inherit their father's self-acquired property but have limited rights over ancestral property. The Hindu Succession Act, 1956, states that they can inherit property from their father, but they do not have rights to property inherited from the father's ancestors. This means that while they can claim a share of the father's wealth, they cannot claim a share in the ancestral estate.

2. Muslim Law

Illegitimate children under Muslim law also have inheritance rights. They can inherit from their mother and father, though their share is generally less than that of legitimate children. According to the principles of Islamic inheritance, the share of illegitimate children is determined by the fixed shares outlined in the Quran, but their status as illegitimate does not completely exclude them from inheriting.

3. Christian Law

Under the Indian Succession Act, 1925, illegitimate children have the right to inherit their father’s and mother’s property. The Act does not discriminate against them based on their status, allowing them the same rights as legitimate children when it comes to intestate succession (when a person dies without a will).

Summary

In summary, illegitimate children in India do have inheritance rights, though the extent of those rights varies across different religious laws. They can inherit from their parents, though limitations exist in terms of ancestral property, particularly under Hindu law.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pushpendra Mishra

Advocate Pushpendra Mishra

Cheque Bounce, Anticipatory Bail, Criminal, Family, Divorce, Child Custody, Consumer Court, Civil, R.T.I, Motor Accident, Cyber Crime, High Court, Documentation, Recovery, GST, RERA, Succession Certificate, Domestic Violence, Supreme Court

Get Advice
Advocate Shankaramurthy S K

Advocate Shankaramurthy S K

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Anil Bhargava

Advocate Anil Bhargava

Anticipatory Bail,Breach of Contract,Cheque Bounce,Civil,Consumer Court,Family,Motor Accident,Succession Certificate,Revenue,Criminal,

Get Advice
Advocate Dev Arjun Patole

Advocate Dev Arjun Patole

Cheque Bounce, Banking & Finance, Court Marriage, Domestic Violence, Recovery, Civil, Cyber Crime

Get Advice
Advocate Anoop Kant Saxena

Advocate Anoop Kant Saxena

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Family, Motor Accident, Property, Succession Certificate, Domestic Violence

Get Advice
Advocate Ajit Bonia

Advocate Ajit Bonia

Criminal,High Court,Domestic Violence,Cyber Crime,Anticipatory Bail,

Get Advice
Advocate Sunil Kumar Nishad

Advocate Sunil Kumar Nishad

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, Revenue, Arbitration, Child Custody, Motor Accident, Tax

Get Advice
Advocate Sanjeev Kumar Chagti

Advocate Sanjeev Kumar Chagti

Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice

General Related Questions

Discover clear and detailed answers to common questions about General. Learn about procedures and more in straightforward language.