Author: Nivedita Kori, Hidayatullah National Law University
TO THE POINT
In India, illegitimate children’s inheritance rights and legal status have gradually evolved throughout time. In the past, such children were totally blocked out and denied any property or maintenance rights. They now have few rights, particularly the ability to inherit from their mother. Positive developments have been brought about in part by laws such as the Hindu Marriage Act of 1955. This article examines the laws and personal regulations relating to illegitimate children’s inheritance and property rights under Muslim and Hindu law, emphasizing the areas that still require change.
USE OF LEGAL JARGON
Illegitimate child – A child born outside a lawful marriage.
Coparcenary- A concept under Hindu law, which refers to a family unit (Hindu Undivided Family (HUF) ) holding rights jointly in the ancestral property.
Partition- It is basically division of the joint family property among the coparceners.
Mitakshara and Dayabhaga- These are the two schools of Hindu Law which governs property rights and inheritance.
In the Mitakshara system, the illegitimate sons are further classified into the following two categories:
(i) An illegitimate son, that is a child born to a married woman or in normal terms, a woman who is not a concubine.
(ii) The term ‘Dasiputra’ refers to a son born of a concubine who is permanently and solely kept by a Hindu.
Illegitimate children are not recognized as coparceners and thus cannot claim partition or any portion of the joint family assets; however, they are entitled to maintenance.
The Dayabhaga School has a general rule that the sons, legal or illegitimate, shall not be entitled to partition which is the first point to note. On the other hand, this rule in the Dayabhaga law school does not make any differentiation whether the son is legitimate or illegitimate; instead in this case a Sudra is regarded as a coparcener and acquires a share in property of his father after the death of his father.
Void and Voidable Marriage– Marriages that are legally invalid or are annulled under section 11 and 12 of Hindu Marriage Act, 1955.
Filius Nullius- The term is used under Muslim Law which means an illegitimate child who has no legal parentage.
THE PROOF
Partition Act, 1893
Section 9 of the act provides for sale and partial partition. When division is not convenient , the act provides for sale of property for the benefit for all shareholders. The court may also order for sale or distribution of proceeds to the shareholders.
Indian Succession Act, 1925
The Act governs Testamentary and Intestate Succession. Testamentary Succession at time when the person dies, he will leave the WILL for sharing the property thus, the legal heirs will take over the property Will. Intestate Succession is the situation in which the person does not make a WILL to do with the properties as far as the legal heirs are concerned.
This is also governing Hindus, Sikhs, Jains, Christians and those of other religions and non-Muslims. Personal rules refer to rules of intestate succession mainly founded on religion, such as those in Islam or Hinduism. The Indian Succession Act of 1925 furnishes the sections for inheritance by Christians, from 31 to 49, and that of Parsis, between 50 to 56.
Hindu Succession Act, 1956
This act deals with the administration of estates left behind by the deceased who died intestate, or any other person who passed away without leaving behind any testament. This act applies to Hindus, Buddhists, Sikhs and Jains.
The acts also bar some people from inheriting the property. For example, a murderer is barred from inheriting under section 25 of the act, and under section 26 of the act, a descendant of a convert is disqualified unless they happen to be Hindus at the time of succession.
Muslim Personal Laws
In muslin law there is no distinction between the self-acquired and ancestral property. Inheritance begins after the death of the ancestor. There no such distinctions in the property rights between women and men. Men do have an extra responsibility for providing maintenance and female heirs receive half of the shares what male heirs receive.
ABSTRACT
Historically, illegitimate children—those born outside of legally recognized marriages—have been subjected to prejudice regarding their inheritance rights and social standing. Under traditional personal laws, their rights were either completely denied or severely limited, particularly under Muslim and Hindu law. However, over time, progressive legal interpretations and legislative reforms have worked to guarantee that these kids aren’t punished for uncontrollable situations. This article examines the inheritance, support, and partition laws pertaining to illegitimate children under Hindu and Muslim law, with particular attention to legislations like the Indian Succession Act of 1925, the Hindu Marriage Act of 1955, and the Hindu Succession Act of 1956. Additionally, it examines significant rulings that have expanded their rights. Despite tremendous progress, there are still differences, especially when it comes to consistent recognition of personal laws.
CASE LAWS
Kamulammal v. T.B.K. Visvanathaswami Naicker
In the above case it is stated that a Sudra’s illegitimate son and wife are authorized to equal parts of his wealth upon his death, with the illegitimate son receiving half of what he would have got if legitimate. If born to a slave or a long-term concubine, the illegitimate son shares the inheritance with legal children.
Shanta Ram v. Smt. Dargubai
The High Court of Bombay stated that children of void marriages are Lawful but their right of inheritance is limited in comparison to the law which applies to children born out of void marriages.
Revanasiddappa vs Mallikarjun,
A lawsuit challenging a two-judge court’s 2011 ruling that children of void or voidable marriages are entitled to inherit their parents’ property, whether it was self-acquired or ancestral, was being considered by a three-judge bench presided over by Justice DY Chandrachud..
Raja Jogendra Bhupati Hurri Chundun Mahapatra v. Nityanund Mansingh &Anr,
Judiciary in the above court established that an illegitimate son of a Sudra has the right of inheritance to the property in absence of the legal heirs, by survivorship.
CONCLUSION
Therefore one could say that there has been an appreciable change in the laws relating to division of property and inheritance to illegitimate children and which in its way shows the change in attitude of the court and society alike. Previously, personal laws and other regulations would have fettered their extent of inheritance. However, in the current time, it has not only been acknowledged but also brought within reach of the law by positive court and legal interpretations, for example section 16 of the Hindu marriage act 1955. There has been a constant judicial pronouncement that a child who is within the family system must not suffer any form of punishment or discrimination on account of his/ her birth in full adherence to the equality clause provided in the constitution. Though such changes and elevation have been surpassed, illegitimate children still face many hurdles and struggle with the laws regarding partition and inheritance under both civil and personal laws and the provisions of such systems should be harmonized in order to alleviate those hurdles.
FAQS
Q1. Whether or not illegitimate children have inheritance rights under Hindu Law?
Ans- Yes, illegitimate child (born outside the legal marriage) can inherit their parents’ property under contemporary interpretations of Hindu law, especially Section 16 of the Hindu Marriage Act, 1955. However, according to the Mitakshara school, they are not coparceners in ancestral property.
Q2. What is the status of illegitimate children under Muslim Law?
Ans – According to Muslim law, an illegitimate child, also known as filius nullius, can only inherit from the mother or maternal relatives and has no legal connection to the father. Muslim law does not recognize the notions of a joint family or coparcenary.
Q3. Describe the role Indian Succession Act, 1925 in inheritance rights of illegitimate children?
Ans- Christian and Parsi succession is governed by the Indian Succession Act, 1925. Although it does not specifically acknowledge illegitimate children, contemporary legal interpretations have progressively increased their rights, particularly in testamentary succession (i.e., through wills).
