Parenthood and a Child’s Right to Succession and Inheritance
Table of Contents
Introduction
Laws Governing Inheritance
Types of Children in Indian Law
Rights of a Legitimate Child
Rights of an Illegitimate Child
Rights of an Adopted Child
Conclusion
Introduction
Inheritance and succession are critical aspects of a child's rights in India, determining their entitlement to a share in their family's property. This blog post examines the various factors that influence a child's right to succession and inheritance, including the laws governing inheritance and the different types of children recognized under the Indian legal system.
Laws Governing Inheritance
Inheritance laws in India are complex and depend on factors such as religion, family structure, and the nature of the property. The key laws governing inheritance in India are:
Hindu Succession Act, 1956: This Act governs the inheritance rights of Hindus, Buddhists, Jains, and Sikhs.
Indian Succession Act, 1925: This Act applies to Christians, Parsis, Jews, and individuals who are not governed by personal laws.
Muslim Personal Law: The inheritance rights of Muslims are governed by their personal law, derived from the Quran, Hadith, and other Islamic sources.
Types of Children in Indian Law
Indian law recognizes three primary types of children for the purpose of inheritance:
Legitimate Child: A legitimate child is one born during the marriage of their parents or within a reasonable time after the dissolution of the marriage.
Illegitimate Child: An illegitimate child is one born out of wedlock or as a result of an adulterous or void marriage.
Adopted Child: An adopted child is one who has been legally adopted by a family as per the provisions of the relevant adoption laws.
Rights of a Legitimate Child
A legitimate child has full rights to inherit their parents' property, whether self-acquired or ancestral. The Hindu Succession Act, 1956, provides equal inheritance rights to sons and daughters, both of whom can inherit their parents' property and claim a share in the ancestral property.
Rights of an Illegitimate Child
The rights of an illegitimate child in India depend on their religion:
Hindu Law: An illegitimate child has the right to inherit their mother's property, but not their father's. However, they are not entitled to a share in the ancestral property.
Muslim Law: An illegitimate child is not entitled to inherit their parents' property. However, they can receive a share through a will or through the doctrine of 'acknowledgment of paternity.'
Christian Law: An illegitimate child can inherit their mother's property but has no right to their father's property unless specifically mentioned in the father's will.
Rights of an Adopted Child
An adopted child's rights to inheritance depend on the adoption laws applicable to their religion:
Hindu Law: Under the Hindu Adoption and Maintenance Act, 1956, an adopted child has the same rights as a biological child to inherit their adoptive parents' property and claim a share in the ancestral property.
Muslim Law: Islamic law does not recognize adoption in the same way as Hindu law. An adopted child cannot inherit their adoptive parents' property as a natural child would. However, they can receive a share through a will or gift.
Christian Law: Christians do not have specific adoption laws, but they can adopt children under the Guardians and Wards Act, 1890. An adopted child's right to inheritance depends on the terms mentioned in the adoptive parents' will.
Conclusion
The right of a child to succession and inheritance in India depends on their legitimacy, religion, and adoption status. The laws governing inheritance are complex and vary depending on the personal laws applicable to each religion. It is essential to be aware of these laws to ensure that a child's rights are protected and upheld, regardless of their background or circumstances.
