right to property of a daughter born after divorce
Vikram Patil
(Querist) 08 December 2014
This query is : Resolved
Deat all, Please share your opinions on following-
A hindu husband and wife took divorce. He then get married. After some period the divorced wife again came to live with her former husband. She gave birth to a daughter from the relations with her divorced husband. Now that daughter has become major and wants the share from the ancestral property of her father.So she claimed partition.
Can she get the share ?
Isaac Gabriel
(Expert) 08 December 2014
Yes.Illegitimate children entitled share in the property of father.
Vikram Patil
(Querist) 08 December 2014
Thanks isaac. But can she herself bring a suit for partition?
Anirudh
(Expert) 08 December 2014
She cannot as of now claim her right in the 'ancestral property'. A Division bench of the Supreme Court was of the view that such children should be allowed the right in the ancestral property also. But, since there are contrary views by other Division Benches, the matter was put up to the Chief for constituting a larger bench. The Larger Bench has not been constituted so far.
Guest
(Expert) 08 December 2014
Mr. Vikram,
Although it is a very good point of discussion, but your query is hypothetical in nature, as neither you have mentioned, how you are related with the problem, the husband or the wife, what were the material dates of divorce, date of birth of the child, and whether the wife conceived prior to the date of divorce or after she started living with the ex-husband after divorce.
Please make these points clear first.
Guest
(Expert) 08 December 2014
Whether Legal or Illegitimate the Children Have Rights in Father's Property.Consult a Local Good Advocate and Proceed.
Anirudh
(Expert) 08 December 2014
Dear Vikram,
I think you were enquiring about her right over "the ancestral property of her father", am I right?
Vikram Patil
(Querist) 08 December 2014
Yes Anirudh. You are right.
And Mr. Dhingra ji, the daughter is of 19 years and the divorced wife was conceived after the divorce and after she started living with her ex-husband. The son from second marriage has come to me for suggestion.
Guest
(Expert) 09 December 2014
The Children Would be Definitely Eligible For their share in Father's Rights Irrespective of Ancestral or Self Earned.
Anirudh
(Expert) 09 December 2014
The Hindu Law and Supreme Court says otherwise. This is the legal position even after Hindu Succession (Amendment) Act, 2005.
Guest
(Expert) 09 December 2014
Dear Mr. Vikram,
You have replied my query in part, where not only the dates are valid, but also the question of generation of forefathers to which property actually belongs has to be taken in to account, besides whether the property came in to possession of the father before or after the birth of the illegitimate daughter.
Rajendra K Goyal
(Expert) 09 December 2014
How you are concerned with the query?
ajay sethi
(Expert) 09 December 2014
as per SC judgement illegitimate daughter is not entitled to share as on date
Guest
(Expert) 09 December 2014
Dear author,I Do not think there is any Such Judgement Those who say it is there Let them Refer the same if they are Sure of what they Say.Any Judgement is an Issue which Chapter is Over.The Concerned/Affected Person Could Still File a Suit and get the Claims.
Anirudh
(Expert) 09 December 2014
Dear Author,
Please beware - one's ignorance or thinking cannot be answer to a fact.
HERE IS THE S.C. JUDGMEMENT
Ravana Siddappa v. Mallikarjun (2011) 11 SCC 1
Now you know, what is the correct answer to your query.
Guest
(Expert) 09 December 2014
Dear author Section 16(3) as amended does not impose any Restriction on the Property Rights of Such Children except Limiting to the Property of their Parents . Therefore Such Children will have a Right to what ever be ones of the Property of their Parents whether self acquired or Ancestral.Also Note and Do Not Be Misguided by Over Brilliant People who had Referred a Case Not Even a Judgement Where No Decision was taken.
Guest
(Expert) 09 December 2014
Dear Expert Mr.Ajay Sethi I am Interested and Curious to Know the Supreme Court Judgement Referred By You since it could be Useful to Me as well as Others also Here Please.
Anirudh
(Expert) 09 December 2014
This Good for Nothing fellow originally said that "I Do not think there is any Such Judgement"
This fellow also said that "Any Judgement is an Issue which Chapter is Over."
Now that a the Supreme Court case has been cited, where the Supreme Court has asked for reference of the matter to a larger bench, this fellow says that others are misguiding. This fellow also has the audacity to call others as "Over brilliant people".
Can this good for nothing fellow say where is the misleading done by me when I had very clearly stated in my first post "A Division bench of the Supreme Court was of the view that such children should be allowed the right in the ancestral property also. But, since there are contrary views by other Division Benches, the matter was put up to the Chief for constituting a larger bench. The Larger Bench has not been constituted so far."
Does not the SC citation given by me state what I had mentioned?
Can this good for nothing fellow point out where did I say that there was a decision by the Supreme Court?
This good for nothing fellow simply assumes something and barks here.
The impartial experts here will see through his game and hollowness of his utterances.
It is this good for nothing fellow who misguiged by saying "Whether Legal or Illegitimate the Children Have Rights in Father's Property.Consult a Local Good Advocate and Proceed."
Can this good for nothing fellow support what he said after knowing the citation in Ravana Siddappa quoted by me?
Shame on him.
Guest
(Expert) 09 December 2014
What Else I could Expect From Anonymous Person Which makes them capable of Saying any thing.Any how it doesn't hurt me because when they have Nothing to Say Legally What Else ANONYMOUS would do.
Anirudh
(Expert) 09 December 2014
It is better not to give any bio-data and then to carry on, than to give false bio-data and make tall claims.
This fellow joined this LCI on 30 October 2013.
This fellow enrolled with the Bar Council of Tamilnadu & Pondicherry under Enrolment No. 1506/2012.
But within one year, his profile boasts as under:
"My name is N.J.S.Rajkumar, practising Lawyer. My Advocate circle calls me Narasimha.
I am Very much specialised in SEBI cases and handled several issues successfully.. Also specialised in Criminal Law, Civil Law and Business Law and I also hold a Diploma in Cyber Law .
I had taken up several cases dropped by others and made it a good success.SPECIALISED IN HANDLING ANY DANGEROUS AND CHALLENGING SITUATIONS ANY WHERE INDIVIDUALLY.
MY address 54.PARASURAMA EASWARAN KOIL WEST MADA STREET, AYANAVARAM , CHENNAI 600023.Mobile 09444036927 and 09967476751
Email Id rajkumar_wins@rediffmail.com
I stay in Mumbai every 15 days of the month for the case purposes and very frequently to Hyderabad."
Every lawyer worth his salt, even if he is connected to a big lawyer family, will know what a person who just enrolled can do / achieve within a year. Whereas this fellows false profile claims the above without any basis. Can there be any false claim than this?
I know, you don't get hurt and will not get hurt - That's not because you are great or invincible or infallible BUT MAINLY BECAUSE YOU ARE HIGHLY THICK SKINNED AND SHAMELESS.
Guest
(Expert) 09 December 2014
ANONYMOUS and IGNORANT AS WELL
Anirudh
(Expert) 09 December 2014
YOU CANNOT IGNORE HOWEVER BEST YOU MIGHT TRY.
WHO IS IGNORANT, WHO IS FALSE, WHO IS MISLEADING IS ALL THERE TO SEE FOR THE MEMBERS OF THIS FORUM AS WELL AS THE QUERISTS!
Guest
(Expert) 09 December 2014
The Experts and Querists/Author as well LCI which would read this Thread Could Understand.Further I Prefer to Ignore Anonymous.
Anirudh
(Expert) 09 December 2014
WHY ARE YOU DUCKING THE DIRECT FALSEHOOD COMMITTED BY YOU IN YOUR PROFILE?
FORGET ABOUT OTHER EXPERTS UNDERSTANDING THE THREAD - SURELY THEY WILL. BUT WHAT ABOUT YOUR ANSWER TO THE FALSE PROFILE POSTED BY YOU?
COME ON. NOW TALK ABOUT YOUR FALSE PROFILE.
YOUR IGNORING HAS NO MEANING, ESPECIALLY WHEN YOU ARE CAUGHT WITH YOUR FALSE PROFILE.
Guest
(Expert) 09 December 2014
Dear Expert Mr.Ajay Sethi I am Interested and Curious to Know the Supreme Court Judgement Referred by Your Good Self Since It would be useful for Me as well as Others Here Please
Anirudh
(Expert) 09 December 2014
Forget about asking any clarification or exhibiting any curiosity.
You need to first explain why you indulged in falsification of your profile.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Guest
(Expert) 10 December 2014
Dear Expert Mr.Ajay Sethi Could you Please give atleast some Reference of Supreme Court Judgements Referred by You
Guest
(Expert) 10 December 2014
Dear Mr.Ajay Sethi Please Give Reference of the SC Judgement Referred By you
Anirudh
(Expert) 10 December 2014
This fellow with false profile is trying to deflect attention. He will not be allowed to succeed.
When already SC citation has been given, he has no answer whatsoever for that.
This fellow does not deserve any clarification, till such time he comes out of his false and fradulent profile.
Guest
(Expert) 10 December 2014
Dear Mr.Ajay Sethi Could you Please Confirm the SC Judgement as Referred by you atleast a Reference
Guest
(Expert) 10 December 2014
Anonymous acts some times as Binami Also Funny Guy.I Ignore Him But Pity Him.
Anirudh
(Expert) 10 December 2014
YOU NEED NOT PITY ANYBODY BUT YOURSELF.
DO NOT TRY TO DEFLECT ATTENTION.
I AM VERY PROUD TO BE AN "ANYNOMOUS" IF NOT FILLING PROFILE IS CALLED "ANONYMOUS" THOUGH LCI ITSELF DOES NOT INSIST FOR ANY PROFILE.
BUT YOU ARE A FRAUD OF FIRST ORDER IN THAT YOU HAVE FILLED FALSE PROFILE, WHICH YOU CANNOT DENY.
YOU CANNOT ESCAPE BY SAYING THAT YOU ARE IGNORING, ESPECIALLY WHEN YOU ARE ANSWERABLE FOR YOUR FALSE AND FRADULENT PROFILE.
Guest
(Expert) 10 December 2014
Dear Author ,As a Conclusion of this Thread Please Note The Children who are Legal or Illegal would have their Rights in their Parents Property In both Self Earned and Ancestral.As per Section 16(3)Referred by Me.So in your case the Rights of the Daughter/Son born after Divorce Can Not be Denied.
Guest
(Expert) 10 December 2014
The Anirudh who had not disclosed any detail about Himself/Her Self if he/She could Furnish atleast some details of them selves AND I would Clarify all their doubts about My Self Please
Guest
(Expert) 10 December 2014
Also Note none of your Comments had affected Me in any way and I only Felt Sorry for you being Provoked Un Neccessarily.As a Friend I would Suggest you there should be a Smile Even During arguments in Courts Also Please.
Guest
(Expert) 10 December 2014
Also I thank You for Posting my Details More Than 45 Times Today.I would be Glad if it Crosses Century and Humbly Thank Your Good Self For the Same.Also It Makes me Believe You would have Memorized the Same by Now Please.Any How Thank You.
Anirudh
(Expert) 10 December 2014
I HAVE ALREADY TOLD YOU - YOU ARE A SHAMELESS CREATURE WITH VERY THICK SKIN.
OTHERWISE - HOW CAN ONE SHAMELESSLY CLAIM THAT IT HAS NOT AFFECTED YOU.
WHETHER IT HAS AFFECTED YOU OR NOT ONLY TIME WILL TELL.
SURELY, YOU HAVE GONE DOWN SEVERAL NOTCHES BECAUSE OF YOUR FALSE PROFILE WHERE YOU CLAIM TO HAVE BEEN PRACTISING FROM 2001 WHILE YOU ENROLLED ONLY IN THE YEAR 2012!
Vikram Patil
(Querist) 10 December 2014
Dear all, Thanks all for your opinions. And It's my humble request to the concern members not to tease each other. We are all here to discuss and share our oponions on a legal points and increase our knowledge. You all r knowledgeable persons and we all need your suggestions always. So please leave the subject now and have friendly environnment. If someone of you is hurt, I apologise for that. Thanks again.
Guest
(Expert) 10 December 2014
Prefer To Ignore Anonymous ,We can not Reply an Anonymous bark and Value the Advise of Querist Mr.Vlkram Patil
Anirudh
(Expert) 10 December 2014
YOU FELLOW WHO POSTED FALSE AND FRADULENT PROFILE CANNOT ESCAPE BY SAYING YOU ARE IGNORING.
RATHER YOU DO NOT HAVE ANY ANSWER AT ALL FOR HAVING GIVEN SUCH A FALSE AND FRADULENT PROFILE AS THOUGH YOU WERE PRACTISING FROM 2001 WHILE IN FACT YOU ENROLLED YOURSELF ONLY IN THE YEAR 2012.
I KNOW WHOSE ADVICE I HAVE TO VALUE. THAT DOES NOT LIE IN YOUR MOUTH WHO HAS POSTED A FALSE AND FRADULENT PROFILE IN LCI.
IT IS A PITY THAT YOU WANT TO TAKE REFUGE UNDER THE REQUEST OF A QUERIST!! SHAME ON YOU.
