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 Shakar Khan

Advocate Shakar Khan

Civil, Criminal, Child Custody, Divorce, Family, Anticipatory Bail

Get Advice
Advocate S Satheeshkumar

Advocate S Satheeshkumar

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

Get Advice
Advocate Rajendra Thombare

Advocate Rajendra Thombare

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate, Revenue

Get Advice
Advocate Tilak Kochar

Advocate Tilak Kochar

Breach of Contract, Cheque Bounce, Criminal, GST, Tax

Get Advice
Advocate Mithilesh Kumar Singh

Advocate Mithilesh Kumar Singh

Anticipatory Bail, Cheque Bounce, Consumer Court, Family, Criminal

Get Advice
Advocate Pankaj Kumar Sharma

Advocate Pankaj Kumar Sharma

Anticipatory Bail,Banking & Finance,Cheque Bounce,Consumer Court,Criminal,Cyber Crime,Divorce,Family,Insurance,Motor Accident,

Get Advice
Advocate Mirja Maqsood Baig

Advocate Mirja Maqsood Baig

Criminal, Family, Cyber Crime, Muslim Law, Property, Cheque Bounce, Motor Accident, Anticipatory Bail, Child Custody, Civil, Divorce, Domestic Violence, Landlord & Tenant, Succession Certificate

Get Advice
Advocate Mohammad Amein Abbasi

Advocate Mohammad Amein Abbasi

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

Get Advice

General Related Questions

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