how to prove my biological death father

rakesh (Querist) 20 February 2018 This query is : Resolved
my father had 2 wives.i am a illegitimate son of my death father 2 wife.i have all documents having my fathers name.but dont have proof that he was staying with us.how will i prove in court the deceased is my biological father.

Follow Query

Report Abuse

Vijay Raj Mahajan (Expert) 20 February 2018
As your biological father not alive the DNA paternity testing that is the use of DNA profiling (known as genetic fingerprinting) to determine whether two individuals are biologically parent and child not possible.
However you have documentary evidence where the name of father mentioned is that of the biological father. Although you are the son of the second wife by virtue of section 16 of the Hindu Marriage Act,1955 you are legitimate child of the void marriage between your parents so need not call or state yourself as illegitimate son of the father.

Kumar Doab (Expert) 20 February 2018
Which personal law applies in your case e.g; Hindu or are you all Hindu?
Who signed all documents e.g; hospital where you were born, birth certificate, school/college admission etc ; your father?
The marriage with your mother was duly performed with customs?
Confirm!

Kumar Doab (Expert) 20 February 2018
If the marriage was performed per customs and your father signed the doc although the marriage may be void, but you should succeed to be son of your father..

Kumar Doab (Expert) 20 February 2018
Have you repeated the Query!

Sri Vijayan.A (Expert) 20 February 2018
Your mother may be illegitimate wife, but you are not.
You are legitimate son.
So, proceed further with the documents available.