A Division Bench of Justice Shabihul Hasnain and Justice DK Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property.
"It is thus noted that the rights of inheritance of the newly-born child would be governed by her Personal Law and for that purpose she would be treated as an illegitimate child of her biological father," said the court.
The court, however, added that if the child is given away for adoption, then he or she will not have any rights on the property of the biological father.
The court, while giving ruling on a petition, said, "Notwithstanding the aforesaid observations, it is relevant to note that firstly this question does not really need a judicial pronouncement in the present case for the reason that if the newly born child is given in adoption, she will not have any rights of inheritance in the property of her biological father."
"Secondly, even if the child is not taken in adoption by any one, no directions of the Court would be required and she would inherit the property of her biological father by operation of the Personal Law by which she is governed...Thirdly, any direction to inherit property of her father would be fraught with grave consequences in the event the father starts claiming some special reproach privileges over the minor like rights of visitation or custody," said the court.
"In the present circumstances, we feel that this is not desirable," the bench said.