Child born out of rape has right over biological father's property: HC

Lucknow: In a significant judgement, the Lucknow bench of the Allahabad High Court ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the ‘biological father’.

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A Division Bench of Justice Shabihul Hasnain and Justice D K Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property. The court, however, added that if the child is given away for adoption, then he/she would not have any rights on the property of the biological father.

“We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consexual sex or otherwise,” the Lucknow bench of the High Court said yesterday.

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