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.
