The Supreme Court of India, in the case of Mohammed Salim vs Shamsudeen, has finalised the views of a number of High Courts by ruling that a child born out of the marriage of a Muslim man and Hindu woman is legitimate and the child is entitled to inherit the property of the father.
This is a very significant judgment in the current socio-cultural milieu, even though inter-faith marriages are still deeply frowned upon.
Inheritance Rights of a Child Born Out of an Irregular Marriage under Muslim Personal Laws
All matters (except those relating to agricultural land) with respect to intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, maintenance, dower, gifts etc., of Muslim followers are governed by the Muslim Personal Law (Shariat) Application Act, 1937 (Shariat). Shariat extends to the whole of India except the state of Jammu & Kashmir.
Continue Reading Supreme Court on the Rights of Inter-faith (Hindu-Muslim) Children