Law of Succession

Syndicate content

Muslim law: An Illegitimate Child's Right to Inherit

The Muslim law of inheritance has been derived from the rules laid down in the Quran. Indian law also recognizes that a Muslim child is considered legitimate only, if born under lawful matrimony. Under Muslim law, a child born outside the lawful wedlock is considered ‘filius nullius’ i.e. a son of nobody. Simply put, the child will be considered as an illegitimate child. Such a child owes no ‘nasab’ i.e. lineage to either parent.

Indian Laws for Right of a child in Womb

Under Indian laws that pertain to the joint family system, when a joint family undergoes partition, each member of the family is entitled to claim his/her share. Under Hindu law, coparacenary share is the term that is used. When partition is being contemplated and any woman of the family is pregnant at the time, Hindu law recommends postponing the partition till the child is born. In Hindu law, a child in the womb also has the right to a share. However, if it is not possible to reschedule the partition, a share must be kept aside and that share must be equal to the coparcener’s share. If, in case, the partition takes place without keeping a coparcener share for the unborn child, the after born son has the right to get the partition reopened.

Hindu Law: Daughter's Right to Claim Maintenance

In every family, certain relationships impose legal obligations and responsibilities depending on the nature of the relationship. In Hindu law, a daughter has a right to claim maintenance from her father. The term ‘maintenance’ includes provisions for basic facilities, such as food, clothing, shelter, education and medical treatment. On the event of the father’s death, the unmarried or widowed daughters can be considered as his dependents and they can claim maintenance from his property.

Creating a Valid Will under the Indian Succession Act

A Will is a document that ensures that the distribution of property and assets is carried out according to the wishes of the holder (testator) after his/her death. The absence of a Will is likely to put the testator’s family in a predicament about determining valid ownership. Despite this, the trend of framing a Will is yet to catch up in India. To learn more about framing and registering a legal Will in India, read on.

Christian Law of Inheritance

Courts in India have taken diverse views on whether Catholic priests are entitled to inheritance rights. In Hindu law, a Hindu ascetic or Sanyasi loses civil rights upon renunciation.