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International Journal for Research Trends and Innovation
International Peer Reviewed & Refereed Journals, Open Access Journal
ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Issue: June 2026
Volume 11 | Issue 6
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Impact Factor : 8.14
Issue per Year : 12
Volume Published : 11
Issue Published : 121
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| Paper Title: | Inheritance Rights of Children Born Out of Wedlock: A Comparative Analysis Between Hindu and Muslim Personal Laws |
| Authors Name: | SMITA MITTAL , SAHASRA NELLORE , SHREYA MUKHERJEE , ANUSHKA PALIT |
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IJRTI_212534
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| Published Paper Id: | IJRTI2605077 |
| Published In: | Volume 11 Issue 5, May-2026 |
| DOI: | |
| Abstract: | The inheritance rights of children born of void or voidable marriages in India's diverse legal structure form a complex intersection of personal law, constitutional principles, and child welfare. While Hindu personal law through Section 16 of the Hindu Marriage Act, 1955 has had changes made in its favour to provide some protection for the inheritance rights of such children, Muslim personal law has continued with its traditional classification and distinguishes between sahih (valid), fasid (irregular), and batil (void) marriages, often negating inheritance rights of the children born out of an invalid Nikah. This paper attempts to answer the question - How far do Hindu and Muslim personal laws in India differ in the treatment and conferment of inheritance rights on children born out of void or voidable marriages, and how can these sets of laws be reconciled with the constitutional values of equality and dignity? By employing a doctrinal methodology, this paper analyses statutory provisions, case laws, and religious interpretations by critiques of the role of the judiciary in the effort to bridge the gap between personal law and constitutional mandates. |
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| Cite Article: | "Inheritance Rights of Children Born Out of Wedlock: A Comparative Analysis Between Hindu and Muslim Personal Laws", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 5, page no.a632-a647, May-2026, Available :http://www.ijrti.org/papers/IJRTI2605077.pdf |
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2605077
Registration ID:212534
Published In: Volume 11 Issue 5, May-2026
DOI (Digital Object Identifier):
Page No: a632-a647 Country: SONIPAT, HARYANA , India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2605077 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2605077 |
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ISSN: 2456-3315
Impact Factor: 8.14 and ISSN APPROVED,
Journal Starting Year (ESTD) : 2016
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