dude (practise) 13 July 2011

Need justice

i would like to know that, do illegal or illegitimate children get right in ancestral property? property belongs to great grand father,so great grand father , grand father n father all the 3 expired. there are aunt's who bring in 1 idiotic family (i.e. lady with 4 children) in the case and say that this family also belongs to him and also legally married family belongs to him. according to hindu law this is not possible. this lady with 4 children is already married to some1 else, she had a daughter when she was with him. but we have no proof that they both where together , nor v have any proof which would prove that those children belong to him n her. Aunt's with other grudges have this illegal family brought on record in a property dispute in the court. she has all illicite proofs to prove her relation n to prove that those children belong to him .

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5 Replies

dude (practise) 13 July 2011

please help, this is hell

Doveson (advocate) 14 July 2011

Who is this him? And I believe that the said him is no more. In such cases, generally, unless the marriage is not registered, no reliefs are usually given. But there r some differing judgements also.

Adv. Chandrasekhar (Advocate) 14 July 2011

Illegitimate children have got rights in self acquired property of the father. In the case of ancestral property, as on now, there is no right. But the matter has been referred to (subject to corrections from experts) the larger bench in Hon'ble Supreme Court.

dude (practise) 14 July 2011

hi Doveson

i could not understand these lines said by u "unless the marriage is not registered, no reliefs are usually given. But there r some differing judgements also "

unless the marriage is not registered means? which marriage? about the one she got 1st n hidding tht relation or the one which she is alleging know?

and yes daveson, i refered "Him" is the person who is no more now.

moreover that women is illetarate , n use to do house hold works.

dude (practise) 14 July 2011

hi Advocate Chandu,

as u said illegitimate children do not have right in the ancestral property now. could you please help me to say in which Act / Article / Caselaw n stuff .