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Ancestral property inheritance

(Querist) 05 September 2012 This query is : Resolved 
Dear All,

My Query is as follows.

"A" had two wives "B" and "C" and "C" has a son "D" born in 1965. "B" had no children

"B" is the first wife of "A" and
"C" is the second wife.

The first wife was alive and there was no divorce when the second marriage was solemnized

The second marriage was solemnized in around 1945 prior to the commencement of Hindu Marriage Act.

We have a ancestral property in Delhi and
"D" is trying to grab our ancestral property.

Kindly advice whether "D" has any right in our ancestral property. Since he was born out of second marriage when the first wife of "A" was alive

Will he be termed as statutory legitimate and would only be entitled to the property of "A" and not to our ancestral property.

Thanks in advance.


sanjeev murthy desai (Expert) 05 September 2012
The same matter is still pending in apex court hence we are not in the position to give clear opinion on this issue. Presently according to Hindu marriage act illegitimate children does not have rights over ancestral property of parents and Most of the courts are suggested that illegitimacy should be abolished and such children should be treat as equal.


Rohit (Querist) 06 September 2012
Dear Mr.Desai,

Thanks for the reply. Can u give the details
of the case u referred which is pending in apex court
Rohit (Querist) 06 September 2012
Dear All

Kindly advise if the second marriage was prior to the Hindu Marriage Act 1955 and the first wife was alive.The son born out of second marriage would be legitimate or illegitimate,

and whether he has a share in ancestral property.

Anish Thakur 7018812737 (Expert) 09 September 2012
the illegitimate children have no right over the ancessotral property he can seek his right from his fathers self acquired property only.

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