Succession
s.vinodhbabu@gmail.com
(Querist) 06 December 2012
This query is : Resolved
Mr.A is a married person, died leaving no issues in 1950. his lawfully wedded wife also died. Mr.A's ancestral property disputes went through several legal litigation before several courts right from small to the apex Court. in all the decrees Mr.A was clearly recorded as a person died issues less. suddenly in 2012 a person pop up claiming to be the son of Mr.A. he claims that there was an affair between Mr.A and his mother(another lady) and he was born. what is the weightage of legal right of such person. clearly it shows that the said person's motive is to collect some ransom from other lawful heirs of the family of Mr.A. another point is that soon after the death of Mr.A in 1950 another close member of his family (lawful heir) approached the High Court and got an order declaring him as the successor of MR.A. so what is the legal right of the said person who sprung up claiming to be the son of Mr.A armed with some school certificates and birth certificates.
Raj Kumar Makkad
(Expert) 06 December 2012
The plea of stranger at this stage do not see much reliance, however, it shall be better to go minutely in all those documents which he has produced after about more than 60 years after death of A. A criminal case of forgery and fraud is required to be filed against such person and the persons who issued such certificates.
s.vinodhbabu@gmail.com
(Querist) 06 December 2012
first of all thank you very much for your reply. i would like to further clarify. say if we consider those certificates are genuine showing Mr.A as the father. if the stranger an illegitimate son born in 1950. now what will be the legal strength of the stranger. there are humpty number of decree since 1950 in several family litigation in all those decrees clearly Mr.A is mentioned as person died issue less. there is an high court order also stating the same and declaring another close member as the successor lawfully in 1950 itself subsequent to Mr.A's death.
ajay sethi
(Expert) 06 December 2012
it does raise doubt about genuinme ness of claim after 60 years . let the illegitmeate son obtain orders from court that he is the legal heir .if his claim was genuine why did he wait for 60 years .
s.vinodhbabu@gmail.com
(Querist) 06 December 2012
many thanks to the legal luminaries Mr.Rajkumar makkad and Mr.Ajay Sethi for spending their valuable time in giving me clarification. yes Mr.Ajay Sethi the said stranger had set up a third party another total stranger as defendant and had obtained an exparte order declaring that he is the legal heir of the respective land lord family without showing the genuine members and legal heirs of the said family. this itself show the malafide intention of the said person. still the controversial order has not come to the knowledge or light of the true legal heirs fearing that they may institute prosecution against the said culprits.
ajay sethi
(Expert) 06 December 2012
in that case take out application for setting aisde exparte order . draw attention of the court to orders passed by high court and SC
Raj Kumar Makkad
(Expert) 06 December 2012
Your case is very clear, Challenge the ex-parte decree in the appellate court and obtain stay order on the basis of earlier judgments.
Simultaneously file criminal case against such greedy person.
s.vinodhbabu@gmail.com
(Querist) 06 December 2012
Mr.Rajkumar Makkad & Mr.Ajay Sethi once again I thank you both for providing your valuable clarifications and suggestions.
