Share for illegal sons of my father
Guest
(Querist) 10 April 2012
This query is : Resolved
Our family problem is as follows. My dad married my mom and had three children.2 sons and 1 daughter(me). Without the knowledge of my mother ,my dad had illegal relation with a lady and they had 2 sons after I was born. I'm the last child in my family n I hv two elder brothers. My dad register few property in tamilnadu with his name and along with the second lady name. Rest of the property are in the name of my dad. 3 years back my dad registers me a small house in our own village. Till now I'm paying the EB bill,tax n all.I'm married for last one year.now the illegal lady entering my village house n locked one of the took for her own purpose. If I ask her y u hv entering my home, she tells that she also hv full share in that property. That lady has two brothers who are advocates. With their support she is fighting with me and my family while we went to our village house. advocates entered my house n fight with us and it was a news. Even when we go to nearby police station . The SI is also in favour of those advocates. Due to which no justice's is guarantted for us.
ajay sethi
(Expert) 10 April 2012
is your father still alive? if house has been gifted by your father to youduring his lifetime you are the owner of property .the gift has been accepted by you . the lady has no right on said property . nor the sons .
however in respect of other properties of your father the illegitemate children also have right .
Guest
(Querist) 10 April 2012
Thank u sir.. yes my dad is still alive. How much percent of share is allowed for those illegal sons sir.
ajay sethi
(Expert) 10 April 2012
if your father is alive ask him to discipline his mistress . tell him the behvaiour of his mistress . these disputes are better resolved within four walls .
you father can by will bequeath property toany one he desires . i presume thes are self acquired property of your father .
if your father dosent leave will illegitemate children have equal share in family property .
M.Sheik Mohammed Ali
(Expert) 10 April 2012
whos the illegal lady ? and who are all the illegal lady legal heirs ? explain me. where are you from ?
M.Sheik Mohammed Ali
(Expert) 10 April 2012
i was read your previous story, the illegal legal heirs can get shares. SC give lot of judgement
Deepak Nair
(Expert) 10 April 2012
AS your father is alive, it is in his hands to resolve the issue.
The property is not ancestral as it is gifted to your father by his sister. Your father is entitled to transfer the same to anybody as per his wish. Thus, since the property is transfered to you, you are the absolute owner of the property and nobody else have any right on the same.
Ask your father to intervene and solve the issue.
adv. rajeev ( rajoo )
(Expert) 10 April 2012
illegimate children are not entittle to claim the share in ancestral property.
Deepak Nair
(Expert) 10 April 2012
Dear Rajeev Sir,
I as per my knowledge Illegitimate children of a man are entitled for ancestral property, but their mother is not. Kindly rectify me if i am incorrect.
Shonee Kapoor
(Expert) 10 April 2012
Now illegtimate children are also allowed to take part of ancestral property at par with legtimate chilren.
However, a person can will his self acquired properties in a manner he deems fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 11 April 2012
Dear Mr. Shoone,
I am afraid there is any decision in this regard so far. However, the doubt has been referred to a larger bench of the SC.
