Introduction

This case revolves around the intricate question of whether an illegitimate child can be considered a uterine brother of the legitimate child of the same mother, and the inheritance rights stemming from such a relationship under Muslim law.

Facts

• The plaintiffs (Maqsood Ahmad and his two sisters) filed a suit to recover possession of a house which belonged to their paternal uncle, Mohammad Yaqub.
• The defendants were Rahmatullah and his three sons.
• Rahmatullah claimed to be the brother of Mohammad Yaqub, being the son of the same parents (Saadat and Mt. Qadri), and thus entitled to inherit the property as an heir under Muslim Law.
• Rahmatullah's sons claimed ownership of the property under a will allegedly executed by Mohammad Yaqub.
• The trial court found that Rahmatullah was not the son of Saadat but an illegitimate son of Mt. Qadri and that the will set up by his sons was valid. The suit was dismissed.
• The lower appellate court affirmed that Rahmatullah was an illegitimate son of Mt. Qadri and not the uterine brother of Mohammad Yaqub, and that no valid will was executed by Mohammad Yaqub.
• Hence, an appeal was filed before Allahabad High Court.

Issues Involved

• Whether Rahmatullah, being an illegitimate son of Mt. Qadri, could be considered the uterine brother of Mohammad Yaqub (a legitimate son of Mt. Qadri) and entitled to inherit his property as an heir under Muslim Law?
• Whether an illegitimate child can inherit the property of his/her mother's legitimate child by a subsequent marriage?

Observation

• An illegitimate child has no parentage or father-in-law, and the man who begets him cannot be considered his father for purposes of determining his nasab (lineage).
  • Therefore, Rahmatullah could not be considered the uterine brother of Mohammad Yaqub, and was not entitled to inherit his property as an heir.
• Under the Hanafi Law of Inheritance, an illegitimate child can inherit from his/her mother and her relations.
  • However, a legitimate child born to the mother after her marriage cannot be considered "her relation" for the purposes of inheritance by her illegitimate child.
• Mohammad Yaqub, though the son of Mt. Qadri, belonged to the family of her husband and could not be considered "her relation" to entitle her illegitimate child (Rahmatullah) to succeed to his property.

Conclusion

• The Allahabad HC held that Rahmatullah had no right to inherit the property of Mohammad Yaqub through his mother.
  • The appeal was dismissed with costs.