All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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89.

a Muslim man, and B, a Muslim woman, are in a relationship. A and B have a child, C, out of wedlock. Later, A dies intestate. Which of the following options is the most accurate application of the principle set out below ?


Principle :

Under Muslim law, an illegitimate child may inherit from the mother and her relatives but not from the father and his relatives.

A: C can inherit from both A and B, as C was born out of wedlock.
B: C can inherit from neither A nor B, as C was born out of wedlock.
C: C can inherit from B through A.
D: C can inherit from A through B.
E: C cannot inherit from A.

The answer is: E

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Explanation

The correct option is E: C cannot inherit from A.

Explanation:

According to the principle, an illegitimate child may inherit from the mother and her relatives but not from the father and his relatives under Muslim law. This means that the child's relationship with the father is not recognized for the purpose of inheritance.

In this case, C is an illegitimate child of A and B, as they were not married. Therefore, C can inherit from B and her relatives, but not from A and his relatives. C's right to inherit from B is not affected by the fact that C was born out of wedlock.

The other options are incorrect because they either ignore or contradict the principle. C cannot inherit from both A and B, as C is not a legitimate child of A. C cannot inherit from neither A nor B, as C is a legitimate child of B. C cannot inherit from B through A or from A through B, as there is no legal connection between C and A.