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Muhammadan Law:Child born out of an irregular marriage is legitimate and entitled to inherit his father’s property

In Civil Appeal No. 5158 of 2013, Mohammed Salim (D) through LRS. & Ors. Vs. Shamsudeen (D) through LRS. & Ors., the plaintiff had claimed his share in property of his Muslim father, who had married his Hindu mother. However, the defendants argued that the plaintiff’s mother was not the legally wedded wife of Mohammed Ilias and that she was a Hindu by religion at the time of marriage. She had not converted to Islam at the time of her marriage, and thus the plaintiff was not entitled to any share in the property in question.

The Court, however, after considering that the marriage in question was an irregular marriage, held that the legal effect of a  fasid marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband.  But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.

Based on the finding that any child born out of a fasid  marriage is   entitled   to   claim   a   share   in   his   father’s property, the Court held that the plaintiff was entitled to his share in his father’s property.

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