Dna test
Dharmaraj
(Querist) 05 June 2013
This query is : Resolved
Dear All,
There is property dispute in my in laws family, all my in laws children are in a way black mailing my FIL to divide the property for there share, my FIL doubts some of the children are his own, my question is that can my FIL pursue a case of DNA testing wherein whose heredity is confirmed can only proceed for property share?
R.K Nanda
(Expert) 05 June 2013
yes, he can go for DNA test of those children.
V R SHROFF
(Expert) 05 June 2013
Children are entitled to property of their legal father, even if he is not a biological father.
Children born of the wedlock are entitled to their share of property from their father.
Apex court ruled: Why innocent children should suffer, they cannot be deprived of their right.
Rajendra K Goyal
(Expert) 05 June 2013
Agree with the experts. If the property is self acquired by your FIL, he has the right to give it as he wish.
Raj Kumar Makkad
(Expert) 05 June 2013
I think the querist wants to say that some children to the wife of his FIL are not doing of his FIL and his MIL has born out some children out of her illicit relationship.
I think, no court or law shall permit your FIL to get DNA test of such children.
If the property is self acquired, he is required to either gift or make will of any one/ones as per his whims and wishes instead of bowing to the demand of his children.
Dharmaraj
(Querist) 05 June 2013
Dear All,
I am thankful to you all for replying my query, specially to Mr Raj Kumar Makkad, since he understood what I wanted to say and then answered to query, since we are layman to this going out of way by understanding and answering the query creates thankfulness from clients end to the lawyer, thank you sir.
R.K Nanda
(Expert) 05 June 2013
ur FIL can file dna test case in court.
N.D.TIWARI famous case is an example of it.
R.K Nanda
(Expert) 05 June 2013
MOREOVER,UR WELCOME.
