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prince (IT engr)     22 May 2012

Illegetimate children share in property

Mr X has passed away was happyly married and has 2 sons. have 2 properties 1) from Mr X father( still alive stays with mr X's family) 2) own property Land brought on legal deed. 1st floor permission on his name ,Later house GIFT registered on wife's name in 2010.
 Has Corporation job which can  get some gratuty pf all.. and chances of getting children a job .

 

Now the question, 1 lady and has 2 illegetimate choldren sent notice to corporation saying they are the First wife and children. They donot have any Evidence except father name in certificates and Ration card.

They have created a fraudulent photograph  using 2 seperate photos.

 

 

We would like to go for succession certificate to get the money from corporation, second Mr X father can will the 1st house.on mr X's wife as it was already on Mr X's wife name in Municipality.

 

Second house do we need to do any thing to safe gaurd?

 please help in this.

 

Thanks in advance.

Prince.



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 May 2012

Dear Mr.Prince,

I have the following to opine :-

1. The grandfather's property is ancestral property - hence when the father dies, his share of the property devolves by succession on his legal heirs - which would include children from both marriages, hence the illegitimate children + their mother also will take their share in that (provided off course marriage is proved - if not both's claim would fall to the ground.

2. As regards property no.2 in the name of mother - the same is safe, unless serious challenge is made on the Benami etc. 

3. You are entitled to get the Succession Certificate. 

 

Feel free to talk !


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