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 Javed Ahmad

Advocate Javed Ahmad

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Ashwatha Narayana V

Advocate Ashwatha Narayana V

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Ajay Kumar Jain

Advocate Ajay Kumar Jain

Anticipatory Bail, Arbitration, 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, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Navin Vaishnav Ajmer

Advocate Navin Vaishnav Ajmer

Criminal, Court Marriage, Divorce, Domestic Violence, Cheque Bounce, Banking & Finance, Arbitration, Anticipatory Bail, Family, High Court, Motor Accident, Muslim Law, Landlord & Tenant, Customs & Central Excise, Consumer Court, Child Custody

Get Advice
Advocate Charan Datta Naik

Advocate Charan Datta Naik

Anticipatory Bail, Arbitration, 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, Revenue

Get Advice
Advocate Aadv Anuj Srivastava

Advocate Aadv Anuj Srivastava

Criminal, Cheque Bounce, Family, Divorce, Domestic Violence, Court Marriage, Child Custody, Succession Certificate, Muslim Law, Documentation, Anticipatory Bail

Get Advice
Advocate Rahul Gautam

Advocate Rahul Gautam

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, Labour & Service, International Law, Insurance, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Startup, Revenue

Get Advice
Advocate Ahsan Malik

Advocate Ahsan Malik

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Muslim Law

Get Advice
Advocate Manish Kumar Sharma

Advocate Manish Kumar Sharma

Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service, Muslim Law, R.T.I, Recovery

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

Muslim Law Related Questions

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