Law4u - Made in India

Can a child born out of wedlock inherit property under Muslim law?

13-Mar-2025
Muslim Law

Answer By law4u team

Under Muslim law in India, a child born out of wedlock (illegitimate child) does not have inheritance rights in the father's property but can inherit from the mother. Inheritance Rules for an Illegitimate Child No Right in Father's Property Under Sunni and Shia law, an illegitimate child is considered to have no legal relationship with the father. The child cannot inherit the father's property. Right to Mother's Property The illegitimate child can inherit from the mother and her relatives. The share is the same as a legitimate child’s share in the mother’s estate. Recognition by Father (Acknowledge Paternity) If the father acknowledges the child as his own, some Islamic scholars suggest that the child may be considered legitimate. However, in general practice under Indian Muslim law, mere acknowledgment does not grant inheritance rights. Will (Wasiyat) or Gift (Hiba) A father can give property to an illegitimate child through a will (wasiyat) or gift (hiba). However, under Islamic law, a will can only be made for up to one-third of the total estate unless other heirs consent. Conclusion An illegitimate child cannot inherit from the father but has full inheritance rights in the mother’s property. The father can give property through a will or gift.

Muslim Law Verified Advocates

Get expert legal advice instantly.

Advocate Rajendra M Gayakwad

Advocate Rajendra M Gayakwad

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate Kutub Uddin Laskar

Advocate Kutub Uddin Laskar

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Muslim Law, High Court, Consumer Court, Court Marriage, Child Custody

Get Advice
Advocate Mukhtar Waseem

Advocate Mukhtar Waseem

Insurance, Criminal, Cyber Crime, Divorce, Civil, Corporate, Consumer Court, Family, High Court, Domestic Violence, Labour & Service, Landlord & Tenant, Anticipatory Bail, Muslim Law, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Arbitration, Banking & Finance, Medical Negligence, RERA, Succession Certificate

Get Advice
Advocate Mekhiya Rakesh A

Advocate Mekhiya Rakesh A

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue, Court Marriage, Trademark & Copyright

Get Advice
Advocate Md Asghar Ali

Advocate Md Asghar Ali

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Arbitration, Court Marriage, Child Custody, Succession Certificate, Motor Accident, Immigration, High Court, Family, Divorce, Domestic Violence, Criminal, Cyber Crime, Medical Negligence, Landlord & Tenant, Media and Entertainment, Recovery, Documentation, Property, R.T.I, Muslim Law

Get Advice
Advocate Murali Krishnan

Advocate Murali Krishnan

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Cheque Bounce,Child Custody,Civil,Consumer Court,Customs & Central Excise,Criminal,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Muslim Law,Succession Certificate,Supreme Court

Get Advice
Advocate Sangada Dinesh

Advocate Sangada Dinesh

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Revenue

Get Advice
Advocate Mukul Verma

Advocate Mukul Verma

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Tax, Revenue

Get Advice
Advocate Advocate Mohammad Vasim

Advocate Advocate Mohammad Vasim

Civil, Consumer Court, Criminal, Cyber Crime, Family, High Court, Muslim Law, Property, R.T.I

Get Advice
Advocate Hemant Tandi

Advocate Hemant Tandi

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, Medical Negligence, Motor Accident, Muslim Law, Property, Supreme Court, Revenue, Cyber Crime, High Court, Banking & Finance, Arbitration

Get Advice

Muslim Law Related Questions

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