Acknowledgment and recognition of children by a Muhammadan as his sons gives them the status of sons
The next decision of the Privy Council on this subjeot was in the case of Muhammad Azmat Ali Khan v. Lalli Begam I.L.R. 8 Cal. 422 : L.R. 9 Ind. Ap. 8 decided in 1881 and it appears to me that the sole question on the determination of which the present case depends, is whether this second judgment of the Privy Council has altered the law laid down in the first, so as to establish the proposition that a mare acknowledgment of the fact of sonship confers the status of legitimacy. In delivering their Lordships' judgment Sir Montague Smith said: "The only question which remains on this part of the case is as to the effect of these acknowledgments. Both the Judges of the Chief Court, who have given learned and careful judgments, have gone very fully into the authorities upon this question. Their Lordships, however, are relieved from a discussion of those authorities, inasmuch as the rule of Muhammadan law has not been disputed at the Bar, namely, that the acknowledgment and recognition of children by a Muhammadan as his sons gives them the status of sons capable of inheriting as legitimate sons, unless certain conditions exist, which do not occur in this case,"
Allahabad High Court
Muhammad Allahdad Khan And Anr. vs Muhammad Ismail Khan And Ors. on 22 March, 1886
Equivalent citations: (1886) ILR 8 All 234
Bench: W C Petheram, Brodhurst
