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sunil (Assistant Director )     16 November 2009

Illeligitimate child

 My friend is married. He had a live-in relationship with an unmarried girl two years back for one month. Meanwhile the girl got pregnant and got married to a rich family.  She gave birth to a boy which my friend proclaims to be his son. The child is the only successor to the family. Does this friend of mine claim by any means in his son's property?



Learning

 10 Replies

Suchitra. S (Advocate)     16 November 2009

sunil ji, By proving thst the child is his child, he can ask for the custody of the child. But in what way he has rights over the property of the family?Infact, the child is liable to ask for the property by your friend being his illigitimate child.

Sanjeev Kuchhal (Publishers)     16 November 2009

I agree with Suchitra ji , legislature has provided for the rights of such children by giving them right to inherit property of their parents as legitimate child

Also the law is settled that illegitimate children are not entitled to inherit ancestral property.

Darshan Sharma (Lawyer-cum-detective)     16 November 2009

Various type of questions could be raised. The girl can claim that she was raped, he obtained her consent for s*x promising to marry her, blackmailed her, tried to defame her, compel her for prostitution and what not. Better not to open can of worms for him.

adv. rajeev ( rajoo ) (practicing advocate)     16 November 2009

I agree with Suchitra.  I do not agree with Darshan because it is not so easy because she is already married  why she kept quiet?

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     16 November 2009

 

 

No, ur friend cannot claim. Infact if he will try to do so then her frineds husband can claim that the marriage is void and then she and her son both will be thrown out.

So forget everything and such type of cheap thinking should not be encourged. Plz make ur frined feel about his cheap thinking also if u r his true friend.

Good luck.

1 Like

Anjali (IT)     17 November 2009

Sunil,  Sorry to say , but I wanted to say...."instead your friend can beg in the streets"..what kind of person he is...now he wants to spoil many ppl life ? [the son, the mother, husband etc]...better advise your friend to stay away from that happy family....you can also stay away from your friend... I would never have such a person as my friend

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     17 November 2009

IT IS TOTALLY UNETHICAL  TO THINK  TO GRAB FOR OTHER PROPERTY. LIFE IS NOT A PLAIN/ SMOOTH   ROAD DRIVING FOR SOME INNOCENT WOMEN. FORGET ALL NEVER THING SO, HOW CAN A CHILD BECOMES ILLEGITIMATE BY MISTAKE OF YOURS.  BE CARE IN FUTURE.

sunil (Assistant Director )     17 November 2009

 Thanks a lot for your kind advice


(Guest)

the lure of Property can turn enemies into friends and family into enemies....


(Guest)

Mr.Sunil,

Your friend can not claim property from that child. How can you say that born male child  is illegitimate son? Her husband can file a criminal complaint with police if your friend try to interfere with girl's life. Your friend's thinking is unethical. My suggestion to your friend it is better to beg on the road side he will get little money.

 


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