Rights of illegitimate children from second wife on property

Guest (Querist) 27 July 2017 This query is : Resolved
Dear Judges, Lawyers & Subject Matter Experts,

Overview:
1. Grandfather & Grandmother have jointly bought a property in 1987 (self-acquired)

2. Both executed a will in 1997 to the following people:
a. Children of 1st son (me and my brother, my father wasn't given a share in the will)
b. 2nd son
c. 3rd son

3. Grandmother died in 1997

4. Grandfather executed a partition deed in 2005 to same parties
a. Children of 1st son (me and my brother, my father wasn't given a share in the will)
b. 2nd son
c. 3rd son

5. Grandfather died in 2005.

6. Party (a. me and my brother's) dad has 2 wifes second marriage in 1990s and they have a son from his second marriage who is aroun 28 yrs now.

7. We are expecting some money from compulsory land acquisition

8. My dad second wife and son have filed a case disputing that the partition deed is incorrect and they are claiming 1/3rd share in (me and my brother property)

9. The land is self-acquired by my grandfather and I think my dad's illegitimate wife or son wont have any rights over the property.

10. They have filed a OS and have given a letter to the land acquiring authority to stop the payment though they have not got an restrain order from court.

11. Can the land acquiring authority hold back our payment.

12. We will pursue the case but can the OS be quashed on grounds and references of previous judgements.

Please provide suggestions/advice and help in this regard. References of similar cases previous judgements will be highly appreciated.

Thanks in advance.

Regards,
Sidharth

Follow Query

Report Abuse

Ms.Usha Kapoor (Expert) 28 July 2017
Your grand father's grand son though illegitimate is entitled to claim a share in that property. as your grand father died intestat4e leaving behind his self acquired property.The SECOND WIFE IS NOT ENTITLED TO GET ANY SHARE N THE PROPERTY.

Ms.Usha Kapoor (Expert) 28 July 2017
If you appreciate the above answer please give me a like.

Guest (Expert) 28 July 2017
Rightly advised by Ms.Usha Kapoor

Guest (Querist) 28 July 2017
He didn't die inestate if you read properly there is a will and also a partition deed... Hope you read properly before posting replies

Guest (Querist) 28 July 2017
Rajkumar I really wonder what's wrong with lawyers... Surprising you too didn't read well and supporting a wrong answer

Guest (Expert) 28 July 2017
Whether the Partition deed executed by your late grand father is legally registered please

Guest (Expert) 28 July 2017
Whether the Will is registered or whether it was probated in Court please

Guest (Querist) 28 July 2017
Yes both will and partition is registered and section 16(1,2,3) of Hindu marriage act and amendment applies here

Ms.Usha Kapoor (Expert) 28 July 2017
Thank you Siddarth Reddy for giving me a like although there were some factual errors. But my answer on legal position is 100% right.

Ms.Usha Kapoor (Expert) 28 July 2017
IN future I'd not commit factual errors and be careful while g9ving legal opinion.

Guest (Expert) 28 July 2017
If both will and partition are registered you are legally safe and the letter to the authority is invalid legally but the intention would be only to complicate..Consult a local good senior advocate to contest the case and to issue legal clarification letter to the concerned authority please

Guest (Querist) 28 July 2017
I wanted second opinion... Thanks for the advice rajkumar sir

Guest (Expert) 28 July 2017
Welcome please...................

Advocate Bhartesh goyal (Expert) 28 July 2017
Mr Sidharth Reddy you are absolutely right that illegitimate grand son and his mother[second wife ] are not entitled to get share in self acquired property of grand fahter and mother..

Guest (Querist) 28 July 2017
Bhartesh Sir I'm feeling happy that I've observed legal matters better than some lawyers... Thanks for your reply.

Guest (Querist) 28 July 2017
I found this link;
http://www.lawyersclubindia.com/experts/Second-marriage-Children-right-over-the-ancient-property-when-first-wife-does-not-have-any-children-122041.asp

Kumar Doab (Expert) 29 July 2017
It is believed that you are all Hindu.
Confirm!

Kumar Doab (Expert) 29 July 2017
The 2nd marriage of Hindu man during subsistence of 1st marriage is illegal, void.
The children fro legally valid/void/voidable marriage are legal heirs.................

The 2nd wife has no share...............

otherwise also Wife is not Co-parcener is ancestral property of her husband and has NO forced share in self acquired property of her husband.

The property that devolves by WILL, inheritance, partition is of nature self acquired and owner can dispose such property in his/her life time by a valid/registered deed.

If owner ; say father of illegitimate child from 2nd marriage has not left any undisposed property then there is Nothing left for illegitimate child.....

Guest (Expert) 29 July 2017
In April 2011 the Supreme Court bench of Honorable Justice G.S.Singhvi and AK Ganguly hearing an appeal of Ravansiddappa referred the matter to Honorable Chief Justice S.H. Kapadia posting it to a larger Bench which ordered " The relationship between the Parents may not be sanctioned by Law but the birth of a child in such relationship has to be viewed independently of the relationship of parents.A child born in such relationship is innocent and entitled to all the rights which are given to other children born in valid marriage.This is the crux of section 16(3)

Guest (Querist) 29 July 2017
Since there was no restriction imposed in Section 16 (3), such children would have a right to whatever �becomes the property of their parents whether self-acquired or ancestral,� the Bench said.

Rights on property of parents not grandfather's self acquired property... In this case the father hasn't been given any share so the question of illegitimate kids is ruled out

Guest (Querist) 29 July 2017
http://www.thehindu.com/news/national/Illegitimate-children-entitled-to-ancestral-property-Bench/article14674196.ece

Guest (Querist) 29 July 2017
They don't get rights in the whole ancestral property but in the parents share of the ancestral property. Here the property is self acquired by grandparent and a registered will and partition deed has been executed and no share has been given to father so there is no share hence no rights as well

Guest (Expert) 29 July 2017
I had already agreed with you Mr.Sidharth Reddy my last post is to clarify Adv .Mr.Bhartesh goyal in case of normal circumstances please

Guest (Querist) 29 July 2017
OK sir... Anyways I too wanted to put this so that people don't get confused

Guest (Expert) 29 July 2017
You had stated " You are expecting some money for land acquisttion" in that case obviously your father's second wife son also would be legally entitled for it.Better go for some amicable settlement

Guest (Querist) 29 July 2017
He is not entitled because it is the same land which was partitioned (registered). And as discussed before.

Guest (Expert) 29 July 2017
What ever it is what ever Rights you claim obviously the other son also will be entitled legally for it

Guest (Querist) 29 July 2017
It's better you read once again from start... And if you want to say something... Pls say it with backing of legal sections not from thin air

Rajendra K Goyal (Expert) 29 July 2017
Agree with the advice from expert Advocate Bhartesh goyal.

Guest (Expert) 29 July 2017
If it is partitioned and registered what right and on what grounds you could claim the compensation. In the same ground and on the same basis your step brother also would legally claim and that is the reason he had filed a suit also .Basing on the valid grounds in his suit he would certainly succeed as rightly mentioned by Ms.Usha kapoor

Guest (Expert) 29 July 2017
If some one who states he agrees with some one let that person come out with legal justification to oppose or deny the supreme court order

Guest (Expert) 29 July 2017
Obviously my last post is addressed to Mr.Rajendra k Goyal please

Guest (Querist) 29 July 2017
Supreme Court judgement says whether it is self acquired or ancestral property, rights of illegitimate children holds good on parents property or their derived share. In this case the parents have not received any rights from grandparents so the Supreme Court order is not applicable

Guest (Querist) 29 July 2017
Supreme Court judgement says whether it is self acquired or ancestral property, rights of illegitimate children holds good on parents property or their derived share. In this case the parents have not received any share from grandparents property so how I'll their illegitimate kids get it so the Supreme Court order is not applicable in this case.

Guest (Expert) 29 July 2017
" We are expecting some money for compulsory land acquisition " How do you expect that.If you expect or receive you have to share it with your step brother. and that is why he had filed a Suit

Guest (Querist) 29 July 2017
We are not claiming but we are the registered deed beneficiaries of our grandparents self acquired property registered directly to us surpassing our father, since our father is not a beneficiary of the partition deed and has no share in the property, his illegitimate son is also not eligible even according to the Supreme Court judgement (judgement says illegitimate son will benefit only of the parents share or parents self-acquired)

Expert lawyers pls confirm my understanding!

Guest (Querist) 29 July 2017
OK "expecting" means we are the "legal beneficiaries" by the way of registered deed by my grandfather

Guest (Expert) 29 July 2017
A simple loop hole your grand father might not be aware of the grand son thro his son's second wife and the truth would have been hidden. Your step brother got a Good Case

Guest (Querist) 29 July 2017
Rajkumar sir...
You are now contradicting your own previous statements... This is what you had wrote in this discussion before:

"
If both will and partition are registered you are legally safe and the letter to the authority is invalid legally but the intention would be only to complicate..Consult a local good senior advocate to contest the case and to issue legal clarification letter to the concerned authority please

"

Guest (Querist) 29 July 2017
We have witness and documentary evidence to prove my grandfather was fully aware of this illegitimate kids and we sufficient proof for it.

Guest (Expert) 29 July 2017
No one can predict the decision of the Court.Your step brother has a Good case and your advocate has to fight for you.Let the Court decide.

Guest (Querist) 29 July 2017
We already have judgements references in ILRs favorable to justice which is on our side. I know about courts and thanks for your advice rajkumar sir...

Some other expert lawyers pls provide your advice.

Kumar Doab (Expert) 29 July 2017
Did your father marry the second Lady?

Even if it was void/voidable marriage!

Guest (Querist) 30 July 2017
No he hasn't married her in any legal manner

Adv. Yogen Kakade (Expert) 30 July 2017
Rightly guided by experts

Guest (Querist) 30 July 2017
Yogen sir who you think has guided properly... Can you name them pls

Kumar Doab (Expert) 30 July 2017
You seem to have your own counsel and collected citations.................

You may discuss the Apex Court judgment that has been highlighted but has not been clearly cited in the thread:

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2011 (Arising out of Special Leave Petition (C) No.12639/09)
Revanasiddappa & another ...Appellant(s) - Versus - Mallikarjun & others ...Respondent(s)

http://judis.nic.in/supremecourt/imgs1.aspx?filename=37814

Guest (Querist) 30 July 2017
Kumar sir... Pls summarize and tell me the judgement if the illegitimate children have rights on property of parents (either by ancestral share or self acquired) when if ancestral land has been derived inestate or by deed.

Do illegitimate kids have rights on other properties other than self acquired by parents OR ancestral share of parents by inestate.

What about in our case where we have a registered deed given to us and not inestate situation

Kumar Doab (Expert) 30 July 2017
You may also discuss with your own counsel as you have replied that there has been NO marriage;void/voidable marriage with 2nd lady...............

Guest (Querist) 30 July 2017
The lawyers who don't judge case but yet give convulsive solutions are future judge material... Hope we overcome the self constrained boundaries and uphold justice and truth! That's when our countrymen will stop dragging justice and let truth prevail

Guest (Querist) 30 July 2017
*conclusive

Guest (Querist) 31 July 2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2011 (Arising out of Special Leave Petition (C) No.12639/09) Revanasiddappa & another ...Appellant(s) - Versus - Mallikarjun & others ...Respondent(s) http://judis.nic.in/supremecourt/imgs1.aspx?filename=37814

The judgement of this case was to be looked into by a higher bench had been referred to the CJI.. Any idea what happened to this case afterwards

Guest (Expert) 31 July 2017
Refer my Post regarding it.The Order mentioned was the order of the larger bench,.read it calmly.

Guest (Querist) 31 July 2017
Rajkumar can you please confirm if you are an practicing advocate??? I have read the Supreme Court judgement not what you have written. The court judgement concerns me.

Guest (Expert) 31 July 2017
Good Your words confirms you are upset and the result may increase it.Any how I am accustomed to these sort of insults and it doesn't bothers me.When things are not in your favor and if insulting me gives you any satisfaction its good.Still any how your step brother has got a Good and strong Case and chances are 50/50 and he could win also

Guest (Querist) 31 July 2017
OK let's get it clear... I'm not debating here but seeking opinion and I've heard your opinion thanks... I'd like to hear opinion of others so if you could excuse us all... Thanks again.

Dear lawyers/legal experts please share your opinion of my case and excuse us for irrelevant discussions.

Guest (Expert) 31 July 2017
Are you the boss here.In side the court the advocates address each other as " Learned Counsels" First you are addressing me with name with out any dignity and decency.Post your Step brother's contact details if at all you are a courageous person and I would ensure all efforts are made for his Success in this case. .Better refer my profile

Rights of illegitimate children from second wife on property

Similar Resolved Queries :