Child of live in relationship is entitle in ancestral property
Indravadan
(Querist) 18 January 2013
This query is : Resolved
Child born out of live in relationship in 1966. is child entitle in his maternal ancestral property ?
How to remove his mother name from agricultural land ?
Raj Kumar Makkad
(Expert) 18 January 2013
Such illegal child born out of live in relationship has got no legal rights in the ancestral property of his mother.
Dr V. Nageswara Rao
(Expert) 20 January 2013
Unfortunately, the law is not quite clear. Under S. 50 of the Evidence Act, long cohabitation and live-in relationship could give rise to a presumption of marriage if the man and woman were accepted as husband and wife by close relatives etc.S. 50,Illustration (a) The question is, whether A and B, were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant.Illustration(b) says:The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.
“A strong presumption raises in favour of wedlock where the partners have lived together for a long spell as husband and wife….Law leans in favour of legitimacy and frowns upon bastardy.” Badri Prasad v.Deputy Director of Consolidation, A.I.R. 1978 S.C. 1557.In Lousia Adelaide Piers & Florence A.M. De Kerriguen v. Sir Henry Samuel Piers,(1849) II HLC 331, the House of Lords observed that the question of validity of a marriage cannot be tried like any other issue of fact independent of presumption and that the law will presume in favour of marriage and such presumption could only be rebutted by strong and satisfactory evidence.
prabhakar singh
(Expert) 20 January 2013
With due respect to Dr.V. Nageswara Rao,even if we presume such a relation as a valid marriage,answer to query asked does not get changed.
It is repeated query.Children born out of any relation legal or illegal have no right by birth to inherit maternal ancestral property,which they do in case of legitimacy,in father's ancestral property.It is so because the moment mother inherits,it becomes her absolute property and the same can devolve by succession law on her children, legitimate or illegitimate.The reason is that concept of Mitakshra school of inheritance saved in Hindu Succession Act does not extend to maternal's ancestral property but limits to paternal's side of ancestral property. IT IS THIS ASPECT ON WHICH AUTHOR IS SEEKING A FAVORABLE OPINION TIME AND AGAIN because of my negative opinion given earlier also.
Adv Raj (High Court)
(Expert) 20 January 2013
Child born of live in relation cannot have any of ancestral properties...
The only way is that the real mother and father of the child gets married . Only then the child can be named legitimate.
But need to be careful with childs birth certificate date. Hope u got me. Be wise
Anirudh
(Expert) 20 January 2013
The mother when gets share from her predecessors in interest / ancestors, it loses the character of ancestral property in her hands.
Therefore, the child whether legitimate or illegitimate will get its share.
prabhakar singh
(Expert) 20 January 2013
ABOUT Q.How to remove his mother name from agricultural land ?
ANS.IF MOTHER IS DEAD THEN APPLY FOR MUTATION
BEFORE TEHSILDAR/SDM AS MAY BE STATE REVENUE RULES.
Raj Kumar Makkad
(Expert) 20 January 2013
I do agree with the detailed reply of Mr. Singh.
Dr V. Nageswara Rao
(Expert) 20 January 2013
I also agree with Mr Sing as far as succession to Mitakshara School and HSA are concerned. Name Indravadan suggests he may me from Kerala.
