Dispute on ancestral property

vijay (Querist) 28 October 2016 This query is : Resolved
Hi every one, we have ancestral property of about 50acres in rangareddy distric..This property is inherited from our fore fathers .My grand fathers father has two sons ie my grand father and one another brother .My grand fathers brother was mentally handicapped person .Every one used to beat him with stones in village on those days.Because of mentally handicapped my great grand father made entire 50 acre property towards my grand father .My grand fathers brother who was mentally handicapped was married in his adult age but his wife was given divorce with in few years because of mentally unfit. But she gave birth to one girl child when she gave divorce.Divorce was not given legally.Every has as a suspect that the child was born not by my grand father .
After giving divorce she married to another person and left the daughter in her mothers home and went away very far from our native place.In 1982 my grand father who was mentally handicapped was died .she has given birth to two sons with her second husband .Now she is alive but she don't have any relation ship with the daughter or her parents she was completely quit every one.
Now the problem is the daughter who she born to our mentally handicapped grand father ie suspect women is asking 50 percent share in our ancestral property as our grand father got.
She is asking according to hindhu succession act 2005
She is saying she will submit DNA to court
In revenue records from 1950 on wards the entire property in my grand father name itself.
No single record is there towards her and not even a single I'd
Here my question is if DNA is proved current then she will get share in our property or not
Whether hindhu succession act 2005 will applicable in this case.if DNA is proved correct
What percent does court consider DNA report
Being my grand father died in 1982 this case is possible
Being he was mentally handicapped is this case possible to opponent.
Please sujjest me ur valuable answers
Thanks �ards
Vijay

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Kumar Doab (Expert) 28 October 2016
Is it same query:

http://www.lawyersclubindia.com/experts/Ancestral-property-dispute-621381.asp

Who was mentally unsound; Grandfather or Grandfather's brother?

Who has fathered the said girl child?

Guest (Expert) 30 October 2016
Points considered

1) Ancestor Property
2) Great-grandfather had two sons
3) Grandfather normal , but his brother mentally abnormal or disable
4) In 1982 grandfather brother who was mentally abnormal died.
5) A grandfather who was mentally abnormal or disable her daughter is asking the share in ancestor property.
5) But all records are in normal grandfather name only

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Few question arises

1) Whether that lady who claims share in property is mentally normal or whether she suffered mental deficiency any time in past ?

1A) If she was abnormal then from which duration she was abnormal and medical records she may possess ( It is sometime presumed medically that mental diseases are also genetically to some extent , some cases are proved some are not. So this factor is required for analysis pre-emptively)

2) What is the date of birth or year of that women it is very imp. who claims to be your grandfather brother daughter

3) What is date of birth of your grandfather and his brother who was not mentally fit

4) Please note app. year will do specific date not required at this stage.

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This requires professional analysis of the case since grand father brother was under disability and hence legal steps could not be initiated in his legal interest .

So detail analysis is required , Please provide information about your grandfather brother and his daughter including her mental health