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Yash Prabhu   25 May 2020

illegitimate rights of a child in ancestral property

A man who is married with a woman and has two kids.... later the wife dies n that man marrys again to another woman ... fulfilling all Hindu laws.... later that man dates some other women ...basically a maid makes a pregnant n have two kids....so
1.what r the rights of dos two kids which are born from that maid?
2. what are the rights of those two kids born from a maid over that man ancestral property?
3. An is it legal to make some other women pregnant inspite being married?


Learning

 5 Replies

P. Venu (Advocate)     25 May 2020

How is the property ancetral? Anyhow, illegitimate children are legal heirs to the father's property; but not the wife who is not legitimate.

Akshaya Kaushik   25 May 2020

The second marriage is void in the eyes of law, so the status of second wife nowhere stands and she is not entitled to the property of the husband/ancestral property of husband. But as per Hindu succession act, illegitimate child can claim right over the property of the father. So they are entitled to claim the said property in the absence of any WILL. 

Dr J C Vashista (Advocate)     25 May 2020

The second wife and her chlidren have equal share in the intestate property left behind the man.

Child / children born from live in-partner and the partner (maid) shall not be entitled for any share in the property.

You have not stated whether the man is alive or not?

What is your locus standi, if it is not a hypothetical / fabricated story ? 

Deekshitulu.V.S.R (B.Sc, B.L)     25 May 2020

What the Hindu Succession says is about the rights of children born of a void marriage. they are deemed to be legitimate, but not the children born thro the maid.  The controversy is to  which property they are entitled to. Is it the self acquired property of father or in the ancestral properties also. Reason being that the word "Property" is alone used in the section.  I found that  the SC has directed the Central government to sole this riddle. However I draw your attention in a recent case of A.P high court, published in 2019(6) ANDHRA LAW TIMES PAGE 248.  I think this will solve the problem.

 

1 Like

Yash Prabhu   25 May 2020

thank u ....OM Prakash for your advice...I know this platform is for legal advice only....and not for ghost stories...and who are you to tell me to go and contact Bollywood actor Salim Javed duos ...I think u are not a lawyer I guess ....to advice me properly. instead of helping me out...I think this you are not fit to be a lawyer 100%sure......u should write ghost stories n join Bollywood ....and this platform is meant to advise people and you are telling ghost stories n Bollywood and stuff....Go and study law subject properly OM Prakash... You are not fit to advise people ....

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