Right of share in the property.

Khaleel Ahmed (Querist) 25 October 2009 This query is : Resolved
A and B are husband and wife. Out of their wed lock PQR three male children born. As a matter of fact B had illegal relationship with her brother in law X . Actual father of the Q is X. A died leaving some properties.
My question is whether Q have legal right to succeed the properties left A as per Hindu Succession.

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adv. rajeev ( rajoo ) (Expert) 25 October 2009
If Q is proved as he is not the son of the deceased A, he wont get any share in the properties of A.
If Q files a suit for partition burden lies on him to prove that he is the son of the deceasd A. And defendants will have to prove that he is not the son of the deceased A.
If Q succeedes to prove he is the son of the deceased A then he will get the share in the properties of deceased A.