Rights over the father's property
supriya
(Querist) 14 May 2013
This query is : Resolved
A hindu male member married 3 women. He died intestate. The deceased is having some properties bought out of his own income and some ancestral properties. Now his 3rd wife's son is claiming share in the properties.The Son is neither born to that deceased person nor the deceased adopted him legally. But the deceased person has added that Son's name in Ration cards etc.Hence the legal heir certificate shows the Son of the 3rd wife as legal heir.But the legally wedded wife's(1st wife) daughter is not willing to share the property due to some reasons.
My queries are:
a) How can the children of the legally wedded wife can prove the court that this is not born to the deceased father?
b) Whether the son has any rights over the property?
C) if so, how can we deny his rights over the property?
Please clarify. with thanks in advance.
ajay sethi
(Expert) 14 May 2013
check the birth certificate of the son . what is the name of parents mentioned in said certificate .
school leaving certifiable must also be mentioning name of father . if these documents dont mention the deceased as his father you may have case .
Raj Kumar Makkad
(Expert) 14 May 2013
You have already been provided good suggestion.
R.K Nanda
(Expert) 27 May 2013
no more to add.