Mother's name of kept's child name of wife by husband

RAJESH KUMAR SINGH (Querist) 30 November 2011 This query is : Resolved
My father has Four Sons & Two daughters, all born in between 1962-1975 from my mother and she is alive. In the yr 1976, father got entangled with another married woman and had a daughter in 1991 in relationship. Father gave his name as father and my mother's name as mother. This we came to know only a week before. Now, she is Eighteen+. Will she get share from father's self acquired property, mother's self acquired property or ancestral property? Since my mother is not biological mother of the child, can we take this matter in court?

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prabhakar singh (Expert) 30 November 2011
AS YOUR FATHER HAS WRONGLY SHOWN HER YOUR MOTHER TO BE HER MOTHER A SUIT OF DECLARATION WOULD BE REQUIRED TO THE EFFECT THAT YOUR MOTHER IS NOT HER BIOLOGICAL MOTHER.

SHE EVEN AFTER SUCH A DECREE WOULD BE ENTITLED TO INHERIT YOUR FATHER'S SELF OWNED OR PERSONAL PROPERTIES IF YOUR FATHER IS HELD AS HER BIOLOGICAL FATHER.

BUT SHE SHALL NOT BE ENTITLED TO INHERIT YOUR MOTHERS SELF ACQUIRED PROPERTIES IF YOUR MOTHER IS FOUND NOT TO BE HER BIOLOGICAL MOTHER AND ACCORDINGLY SHE SHALL ALSO BE NOT ENTITLED TO INHERIT ANY COPARCENARY
PROPERTY INHERITED FROM ANCESTORS SUCH AS COMING DOWN TO YOUR FATHER SOURCING OUT FROM YOUR GREAT GRAND FATHER.

M.Sheik Mohammed Ali (Expert) 30 November 2011
yes, i do agree expert query reply

Rajeev Kumar (Expert) 30 November 2011
Yes Prabhakar sir have rightly opined according to law

Sanjeev (Expert) 30 November 2011
If your father is alive it may depend if he gives any property to her by way of 'Will' if he died intestate than she can claim a share in the property of your father. Though she may not be biological daughter of your mother but still she may get a share from your fathers property.

It would be difficult to say that she wont have a share in your mothers property as she would have a birth certificate that has your mothers name as her mother. Even if not a child born to your mother still she would be deemed to have been adopted child and would have all the rights at par with you.

No one can predict the outcome of the legal decision in such case if this goes to court but in my opinion she has a right on your fathers as well as your mothers property as well.

M/s. Y-not legal services (Expert) 01 December 2011
since she is second wife's daughter also she is eligible to claim share from father's self acquired property.,

the second wife may not be any rights, but the children through the second wife are eligible.,

RAJESH KUMAR SINGH (Querist) 01 December 2011
Also, Since 1991, my father is not living with us and did not spent a penny on us from salary as he is a doctor and a retired government servant. We were brought up by one of our brother who managed ancestral transport business which he got after partition from uncle. Uncle have filed a partitioned suit in lower court for urban properties and we all member wants to get partitioned, but father does not want and he is giving all crap to court to make the suit delayed as much as possible. We does not known which way to move, please suggest.

Dr V. Nageswara Rao (Expert) 01 December 2011
1. I basically agree with what Mr Prabhakar Singh has advised.
2. Where was the girl living all these 18+ years? In you house or with her mother? This is very crucial.
3. Under Hindu Adoption Act, one parent cannot adopt behind the back of the other parent, when both are alive now.
4. You have to get a declaratory decree regarding the maternity of the girl and that she was not born to your mother during the subsistance of her valid marriage with your father. (a) The fact that she did not live with your people at all and that she lived with her own mother. (b) The fact that your mother's name was shown as her mother by your father without the knowledge of your mother etc will be relevant.(c) The fact that your father had six kids by your mother will repel adoption argument.

RAJESH KUMAR SINGH (Querist) 01 December 2011
2. Where was the girl living all these 18+ years? In you house or with her mother? This is very crucial.
She had been living with Father, her biological mother seperately at rented house since 1991.