SUCCESSION RIGHTS OF ILLEGITIMATE AND ADOPTED CHILDREN

AUTHOR – SOURAV SAHU, STUDENT AT BIRLA GLOBAL UNIVERSITY

BEST CITATION – SOURAV SAHU, SUCCESSION RIGHTS OF ILLEGITIMATE AND ADOPTED CHILDREN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 54-62, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study looks at the rights of children born outside of marriage (commonly called “illegitimate” children) in India’s several personal law systems, with a focus on guardianship, inheritance, maintenance, and status. In India, a number of personal laws that apply to

different religious groups—including the Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, the Indian Succession Act of 1925 (for Christians), and Islamic personal law— have developed differently with regard to children born outside of marriage. In the past, these children were denied full inheritance and succession rights and experienced social and legal prejudice. Their rights have been gradually increased by recent jurisprudence,

nevertheless. For example, Section 16(3) of the Hindu Marriage Act recognizes children born of void or voidable marriages as legal and they are entitled to both (in some cases) ancestral property and the self-acquired property of their biological parents. However, legal experts point out that they still have limited standing in joint family (coparcenary) property.

Legitimate and illegitimate children may inherit equally under the Indian Succession Act. However, in the fields of guardianship, maintenance, and religious law, loopholes still exist. This study makes the case that, in spite of progressive case law, the fragmentation of personal laws still prevents a unified protective framework. It suggests legislative reform (possibly a uniform civil code) to guarantee equal rights for all children, regardless of their parents’ marital status.

Keywords-Succession Rights, Illegitimate Children, Adopted Children, Inheritance Law, Personal Laws in India.