regarding illegitimate sons rights in properties of biologic
Dr.Anurag Vimal
(Querist) 24 September 2009
This query is : Resolved
Dear lawyer,
my friend`s official father looked after him but he died many years back and the biological father or mother has not looked after him .biological father is married to somebody else and has 2 legal sons.
now he avoids my friend, and does not even talk.
Is there a law in india wherein a case can be put in the courts for some right INCLUDING property rights in case of illegitimate son who is also mentally disturbed and has even left medical career,started drinking,has depression and is frustated.riven
adv. rajeev ( rajoo )
(Expert) 24 September 2009
Illegitimate son is also equal to legitimate son, he has got share in his father's property.riven
Dr.Anurag Vimal
(Querist) 24 September 2009
Dear Rajeev,
Thanks
Now should my friend move the courts for ordering DNA TEST of his biological father and of himself.
could you tell about exact procedure?
thanks
Anurag
riven
Raj Kumar Makkad
(Expert) 24 September 2009
There is no need of DNA test at this initial stage. If his biological denies his relation, only then need of this test shall arise. At this stage, illegitimate son can demand maintenance, if he is unemployed and uncapable to maintain himself and on the death of his father, he can demand his share in the properties.riven
sanjay kumar patibandla
(Expert) 24 September 2009
I too agree with raj kumar sir. If the original father denied the relation, than only we can opt DNA test.
Better to approach advocate and file a suit against the father for partition of the property.
I can suggest you one thing, if the father denies the relation, he can file a case for damages in criminal and civil side.
riven
