AIR 1952 ALLAHABAD 640

Allahabad High Court

Hon'ble Judge(s): Harish Chandra, P. L. Bhargava , JJ

(A) Muhammadan Law - Inheritance - Married woman giving birth to illegitimate child - Such child is not uterine brother of her legitimate child and cannot inherit to him as such. As an illegitimate child has no parentage or father and is not related in law to the man who has begotten him, the latter will not be considered his father for purposes of determining his nasab. Therefore, the man who begets an illegtimate child will not be considered in law as his father; and, the mother's link alone being not sufficient to establish uterine relationship, an illegitimate child cannot be considered, the uterine brother of the legitimate child of the same mother. As such he is not entitled to inherit as his heir the property of the legitimate child.(Para 8) (B) Muhammadan Law - Inheritance - Hanafi School - Illegitimate child inherits from mother and her relations - Legitimate child of same mother not 'her relation' for this purpose. There is no doubt that, under the Hanafi Law of inheritance, an illegitimate child can inherit from his mother and her relations. Obviously, those relations, must be his or her mother's maternal relations. The illegitimate child has in law no father; and he or she can have nothing to do with his or her mother's relations ....