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 Nirmal Sitaram P

Advocate Nirmal Sitaram P

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, High Court, Motor Accident

Get Advice
Advocate Rohit Badke

Advocate Rohit Badke

Breach of Contract, Cheque Bounce, Court Marriage, Landlord & Tenant, Domestic Violence, Property

Get Advice
Advocate Pooja

Advocate Pooja

Anticipatory Bail,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Medical Negligence,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Recovery,RERA,Succession Certificate,Wills Trusts,Revenue,

Get Advice
Advocate Ravi Gupta

Advocate Ravi Gupta

Civil, Consumer Court, Cheque Bounce, Corporate, High Court

Get Advice
Advocate Suresh Kumar Choudhary

Advocate Suresh Kumar Choudhary

Civil, Property, R.T.I, Revenue, Consumer Court

Get Advice
Advocate Anmol Deepak Chordiya

Advocate Anmol Deepak Chordiya

Criminal, Anticipatory Bail, Banking & Finance, Civil, Cheque Bounce, Family, High Court, Motor Accident, Property

Get Advice
Advocate Ashish Bharani

Advocate Ashish Bharani

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, NCLT

Get Advice
Advocate Sanjeeda Shaikh

Advocate Sanjeeda Shaikh

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, Recovery, Succession Certificate

Get Advice

General Related Questions

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