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Can son of concubine get share of his father's self acquired property ?

Querist : Anonymous (Querist) 15 October 2011 This query is : Resolved 
R/Sir
One of my friend's father had illicit relation with a lady. lady had filed a petition U/S 125 Cr.P.C., court ordered maintenance to children only later on my friend's father died in road accident .The lady & her children now claiming as wife & children share in( CPF ,GPF etc.) property .
Please give your valuable suggestion .
Thanking you
M.Sheik Mohammed Ali (Expert) 15 October 2011
yes, surely he will get the share, latest SC order to give illicit child have rights in father property.
Shonee Kapoor (Expert) 15 October 2011
Hmmm,

The child can get share

The lady can not.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Ganesh Chavan (Expert) 15 October 2011
In Revanasiddappa and another vs Mallikarjun and others [SUPREME COURT OF INDIA, 31 Mar 2011]
Land & Property - Family & Personal - Hindu Marriage Act, 1955, s. 16(3) - Whether illegitimate children were entitled to a share in the coparcenary property or whether their share was limited only to the self-acquired property of their parents u/s. 16(3) of the Hindu Marriage Act? - Held, as per s. 16(3) of the Hindu Marriage Act a child of a void or voidable marriage could only claim rights to the property of his parents, and no one else - However, legislature had used the word 'property' and had not qualified it with either self-acquired property or ancestral property - S. 16 postulated that such children would not be entitled to any rights in the property of any person who was not his parent if he was not entitled to them, by virtue of his illegitimacy, before the passing of the amendment - Benefit given under s. 16 was available only in cases where there was a marriage but such marriage was void or voidable in view of the provisions of the Act - Further, in the case of joint family property such children would be entitled only to a share in their parents' property but they could not claim it on their own right .
ajay sethi (Expert) 15 October 2011
agree with experts that illegitmate child canget share in property .
Nadeem Qureshi (Expert) 15 October 2011
you can read full judgement related to this matter
Sankaranarayanan (Expert) 15 October 2011
yes i agreed with all experts opinion
prabhakar singh (Expert) 15 October 2011


The illegitimate child/children can inherit

share and that too only in self acquired or

personally acquired by their begetter but not

in his ancestral coparcenary at all.

The lady would not inherit at all.
Sarwesh Chauhan (Expert) 15 October 2011
Yes he has share in property
Advocate Bhartesh goyal (Expert) 15 October 2011
I also agree with experts.
Shailesh Kr. Shah (Expert) 16 October 2011
I agree with common opinions of all experts.
Devajyoti Barman (Expert) 20 October 2011
Yes the position is well established and nicely briefed by Mr Singh.


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