illegitement child

Querist : Anonymous (Querist) 08 April 2011 This query is : Resolved
hi, my name is santosh....my father have two wifes.... iam son of second wife.. my father dont have any self owning property....but have an ancentral proferty of 8 crores (market valu)... my father died two months ago without writing any will... so recently suprem court bench ruled that illegitement child can have equail right to ancentral property that of legitement child... so i want to know that can i get my grand fathers proferty.......... please reply

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Kirti Kar Tripathi (Expert) 08 April 2011
you have already answered your query. yes, you have right, you can claim.

Querist : Anonymous (Querist) 08 April 2011
can i get equil share....in ancestral proferty...

Kirti Kar Tripathi (Expert) 08 April 2011
How many heirs of your father and what is the nature of property. Whether is was partitioned during the life time of your father, if not who are other shareholders in that property. all these information is required to answer this.

M.Sheik Mohammed Ali (Expert) 08 April 2011
yes, i agree all experts.

adv. rajeev ( rajoo ) (Expert) 08 April 2011
illegitimate sons are entitle to claim the share in the self acquired property of the father, but not in the ancestral property. So along with the other heirs you will get equal share.

Devajyoti Barman (Expert) 08 April 2011
Yes, the Supreme Court has rule to the contrary of what the author is saying. The court has made it clear that the illegitimate child can inherit only the self acquired property and not the ancestral property of the father.

Naresh Kudal (Expert) 08 April 2011
agree with experts, supreme court's view is very clear.

Jitendar Kumar gupta (Expert) 08 April 2011
yes the property shall devolve in equal shares among the LRs.
J.K.Gupta Adv.
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Raj Kumar Makkad (Expert) 08 April 2011
if your father had married second time after death of his first wife then it is not illegitimate marriage and you are also legal son and entitled for the grant of equal share.

Susanta Chakraborty (Expert) 09 April 2011
Santosh, hope it is clear now with the experts comments. Just go ahead and claim your portion.

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