illegitement child rights

Querist : Anonymous (Querist) 09 April 2011 This query is : Resolved
sir, my father had suit for an partition in 2006 against his brothers in ancestral proferty... the case is pending now .. so can i have enterered on thet case as (LR)...so can i have get equal share of an ancentral proferty that my legitimet brothers got... or can i have only get share in potions of my fathers share ( so please tell me how the ratio is to be devided)

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bhagwat patil (Expert) 09 April 2011
You will get equal share.

Devajyoti Barman (Expert) 09 April 2011
If you are illegitimate child then you have no share in his ancestral property.

adv. rajeev ( rajoo ) (Expert) 09 April 2011
Yes I agree with Burman

H. S. Thukral (Expert) 09 April 2011
your father share in ancestral property shall be considered his self acquired property and in that only you shall have an equal share alongwith other class 1 legal heirs.

Advocate Bhartesh goyal (Expert) 09 April 2011
Recently, on March 31, 2011 Hon'ble Supreme court has held in Civil Appeal No. 2844/2011
titled Revanasiddappa and others
v/s
Mallikarjun and others,
Appeal refer to larger bench to decide, whether illegitimate children are entitled to a share in the coparcenary property or whether their share is limited only to the self-acquired property of their parents under Section 16(3) — section 16(3) as amended, does not impose any restriction on the property right of children born from void marriages except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral — matter referred for reconsideration by a larger Bench.

R.Ramachandran (Expert) 10 April 2011
Yes, Mr. Bhartesh Goyal is absolutely right. You have to wait for the outcome of the decision by the Larger Bench of the Supreme Court of India.

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