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Abhi (dir)     07 June 2015

Rights of a son out of wedlock

Hello,

       I am here to know regarding the right of a son under the following condition as mentioned below:

A man(Mr.X) gives fake assurance to a woman(Miss Y) that he is will marry her after getting legal separation from his 1st wife who tourtures him and have relationship with other men.Mr.X is having one son and two daughters from his first marriage whom he want's to support for life.

Miss Y believes in his words and they get into a relationship with her parents blessing as like husband and wife based on the belief of words by Mr.X.

A male child was born whom Mr.X gave his last name and also started staying with MissY and the child like a family.

The child(Q) from childhood only idolizd that Mr.X as his father and MissY as his mother.

Miss Y told lot of times to Mr.X that time is going by and to live to his commitments as he has been telling for years.Mr.X assured that this will be very soon to MissY.

But after Mr.X's 1st wife came to know about the relationship,she had sent Mr.X's son from first marriage to threat Miss Y and her son as the person is involved into anti social activities.

Mr.X just discontinued contacting MissY and all this years been lying and depriving her.

Out of shock MissY got into mental trauma and started growing mental problem.

The child Q in standard 10 in his school tried to contact Mr.X but he never came in front of Q and told his security personel to throw Q out of the gates if he comes to his office or home.

The child Q finding his mother in ill health physically and mentally with lot of time her attempting suicides left his studies.

Q supported his mother for years and then on 2012 Dec she passed due to kidney failure due to not eating for days,tension and trauma spiked her blood sugar level.Q spent all his life's savings in his mother's treatment at a reputed hospital in ITU section for 6 month's straight.

Now Q stays in an apartment as where he grew up and been there for more than 20 years of his life.

The property belongs to Mr.X in a housing society complex.

After MissY's death Mr.X is trying to vacate Q also from the property and that's the reason I am here to ask wheather Mr.X can vacate Q from the property also after Mr.X deprieved his mother and him...

 

Q is now 31 years of age,living alone and I am Q.

 

Please help me from this problem with your advice and suggestions.

 

Thanks & Regards



Learning

 4 Replies

Kumar Doab (FIN)     07 June 2015

You are a son and have the rights of a son.

If the flat is self acquired property of X, then X can give it to anyone during his lifetime.

Probbaly you are contemplating to claim adverse possesion.

You may pursue the N.D.Tiwari case.

 

X may accept you as a son.

kavksatyanarayana (subregistrar/supdt.(retired))     07 June 2015

follow the advice of Mr. Kumar doab, the most senior expert by contacting a local lawyer well versed with this type of cases.

saravanan s (legal advisor)     07 June 2015

q is also a legal heir to his fathers properties.if the apartment he is staying is the self aquired property of his father then he has all rights to evict him \.on the other hand if its his ancestral property then q also has a share in it.so he can file partition suit to get his share.

Biswanath Roy (Advocate)     17 June 2015

If you can prove by adducing documentary evidences, viz.,  school certificates, college certificates birth certificate, Ration Card, AADHAR CARD, Voter Card, Death Certificate of your mother. etc. to prove that you are continuously and uninturruptedly residing your father's apartment since last 20 years you can claim your possession in the subject apartment as ADVERSE POSSESSION.


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