Yes, an illegitimate child has real rights in India. Every child can claim maintenance from the father under BNSS s.144 once paternity is shown. Children of void or voidable Hindu marriages are legitimate and inherit from both parents. A child born with no marriage at all inherits from the mother; inheritance from the father is far more limited.
Key takeaways
- BNSS s.144 gives maintenance to a child "whether legitimate or illegitimate".
- Children of void or voidable Hindu marriages are legitimate under HMA s.16.
- With no marriage at all, the child inherits from the mother under Hindu law.
- The mother is the natural guardian of an illegitimate child.
- Paternity is proved by documents, conduct and, if a court orders it, DNA.
What is the legal status of an illegitimate child in India?
Indian law no longer treats a child born outside marriage as having no rights. The word "illegitimate" still appears in statutes, but in practice the law separates the child into one of three situations, and the rights differ sharply between them.
- Child of a void or voidable marriage. For example, a child of a bigamous Hindu marriage. Section 16 of the Hindu Marriage Act, 1955 treats this child as legitimate.
- Child of a long live-in relationship. Courts often presume a marriage where a couple lived together as husband and wife for a long time, which can make the child legitimate.
- Child born without any marriage or presumed marriage. For example, from a short relationship or an affair. This child has the most limited inheritance rights, but full maintenance rights against the father.
Whatever the category, the child cannot be blamed for the parents' conduct, and courts read these provisions in the child's favour.
Can an illegitimate child claim maintenance from the father?
Yes. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier CrPC s.125) allows a magistrate to order a man with sufficient means to pay monthly maintenance to his minor child, "whether legitimate or illegitimate", who cannot maintain itself. It also covers an adult child who cannot maintain itself because of physical or mental abnormality or injury. This applies to every religion.
For Hindus, section 20 of the Hindu Adoptions and Maintenance Act, 1956 separately obliges a parent to maintain legitimate and illegitimate children during minority. The claim is usually filed by the mother as guardian, in the Family Court or magistrate's court where the child lives.
The key requirement is proving that the man is the father. Once paternity is accepted, the amount is fixed on his income and the child's needs, as in any maintenance case. If the father hides income, our guide to hidden income in maintenance cases explains how courts deal with it.
Can an illegitimate child claim inheritance in India?
It depends on the category and the religion. The table below summarises the general position.
| Situation | From the mother | From the father |
|---|---|---|
| Hindu: child of void or voidable marriage | Yes, full share | Yes, self-acquired property and his notional share in joint family property (Revanasiddappa, 2023) |
| Hindu: child of long cohabitation presumed to be marriage | Yes | Usually yes, if the presumption of marriage is accepted |
| Hindu: child born with no marriage | Yes, the Hindu Succession Act treats the child as related to the mother | No automatic intestate right; only by will or gift |
| Muslim (Sunni/Hanafi view) | Yes | Generally no |
| Christian / Parsi (Indian Succession Act) | Depends on facts; take advice | Generally only if born of a recognised marriage |
Section 16(3) of the Hindu Marriage Act limits even legitimised children to their parents' property: they do not inherit from grandparents or uncles in their own right. Any father can, however, leave his self-acquired property to the child by a will.
Under Muslim personal law, as usually applied by Indian courts, a child born outside a valid or irregular marriage is linked for inheritance only to the mother. Shia and Sunni schools differ in details, and a Muslim can bequeath up to one-third of the estate by will to a non-heir, which is a common way fathers provide for such a child. Because these rules turn on fine points of personal law, get advice from a lawyer who handles succession cases in your community.
Illegitimate child vs legal wife: who gets what?
Families often frame this as a fight between the legal wife and a child born outside the marriage. Legally, they are not competing for the same right. The legal wife (widow) is a Class I heir under the Hindu Succession Act. A child of a void marriage is also a Class I heir as a child. Both take shares in the father's self-acquired property.
A child born with no marriage at all does not share in intestate succession to the father, so the legal wife and legitimate children take his estate. But the father's maintenance obligation to that child during his lifetime is enforceable, and arrears can be claimed against his estate. If the father was in a second marriage, see our guide on second wife legal rights, which covers the mother's own claims.
Who is the guardian, and whose name goes on the birth certificate?
Under the Hindu Minority and Guardianship Act, 1956 (s.6(b)), the mother is the natural guardian of an illegitimate child, and after her the father. In ABC v. State (NCT of Delhi) (2015), the Supreme Court held that an unwed mother can apply for guardianship without notifying the father, and that she can obtain the child's birth certificate on her own affidavit.
The father's name is not mandatory on a birth certificate where paternity is unknown or disputed. Naming a man as father on a certificate is evidence, but not conclusive proof. A father's name can be added later through the registrar with supporting documents or a court order.
How is the father of an illegitimate child identified?
This is usually the real battle. A man who denies paternity forces the mother to prove it before any maintenance or inheritance claim succeeds. Evidence that courts consider:
- Proof of the relationship: photos, travel, rent agreements, hotel bookings, messages.
- His conduct towards the child: hospital forms he signed, school admissions, payments, social media posts.
- Witnesses such as relatives, neighbours or friends who knew of the relationship.
- A court-ordered DNA test.
Courts do not order DNA tests routinely. In Goutam Kundu v. State of West Bengal (1993) the Supreme Court said a test should not be ordered as a fishing exercise, and in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2023) it stressed the child's right to privacy and dignity. Where a child is born during a valid marriage, BSA s.116 (earlier Evidence Act s.112) creates a strong presumption that the husband is the father. The testing process itself is covered in our DNA paternity test guide.
Where can a private detective help in a paternity or maintenance case?
Often the mother knows the man only by a first name, an old phone number or a workplace he has since left. Lawful tracing through public records, social media and field enquiries can locate his current address so that summons can be served. Our guide to tracing a person who avoids summons explains how this works.
An investigator can also document his lifestyle and business activity to support the income figure in a maintenance claim. What they cannot do is collect his DNA covertly, access his phone or obtain call records; that would be illegal and could damage your case. A verified professional can be found through our detective directory.
Bottom line
Every child in India can claim maintenance from the father, whatever the parents' relationship. Inheritance depends on whether there was a void, presumed or no marriage, and on personal law. Start by building the evidence of paternity, then file for maintenance in the Family Court with a lawyer's help.
Sources & official links
This guide is general information, not legal advice. Laws and procedures change, and every case is different — speak to a lawyer about your situation. In an emergency, call 112.