Civil Procedure Code (CPC)

Rights of Children born out of Void marriage to be decided

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Rights of Children born out of Void marriage is to be decided by a larger bench



Attached File : 59 59 revanasiddappa another vs mallikarjun other.pdf downloaded 139 times

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thnx for the pdf file!

 
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UNEMPLOYED

thanks.

 
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UNEMPLOYED

Rights of Children born out of Void marriage to be decided

---   the rights are very much equal as a child of valid marriage.

it is already within the act.

 
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SSE

Originally posted by :Arup
"
Rights of Children born out of Void marriage to be decided

---   the rights are very much equal as a child of valid marriage.

it is already within the act.
"

 

@ Arup and Other Respected Experts, Please read below and guide further, It seems that Children of Void Marriage cannot claim Inherited Property (Grand Parents Property)

 

Supreme Court

http://indiankanoon.org/doc/1958636/?type=print 

"It is, however, made clear that the right of inheritance of the respondents to the properties in question has not been decided in the present proceedings. Any observation or findings in this judgment cannot be construed as final findings as to such right. For the reasons aforesaid, the appeal stands dismissed. There will be no order as to costs."

http://infochangeindia.org/women/judicial-interventions-and-women/children-of-void-marriages-and-inheritance-rights.html

 

"However, children of void and voidable marriages are entitled to a right in the property of only their parents, not other relatives. And they do not enjoy an interest in coparcenary property."

 
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SSE

Experts..... Please reply....

 
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Dear Sir ,

My mother is the second wife of my father. My father has his first wife in another town. He is a famous entrepreneur and is active in the politics in his town.He has three children from his 1st marriage .And all the property is in his first wife and my half-brothers/sisters name.

My mother and father never had any publicly solemnized marraige ceremony. THey took marraige vows at home and started to live together.

My father purchased us a modest house in Bangalore . But, he is not willing to share his property with me and and my sister. I am well educated and I earn a good living.But all through the years my father has ignored my family . Though he has always provided financial support,he has caused a lot of emotional distress to my mother. Being educated ,I do not want to take such injustice from my father. I want to claim for my rights in his property. 

Kindly guide me what should I do.

I have met several lawyers .But it has been of no help

Just a brief bio about my family

I am 31 years . I am not yet married .I have a sister.She is 29 years. She is married and settled in US.She is doing her post graduation in medicine .She has a kid. My mother is a house-wife.She used to work as a staff nurse when she met my dad. But my father asked her to stop working as a nurse as he felt it was a less dignified job.

 

Regards,

San

 
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