Share for illegal sons of my father in ancestoral property
Guest
(Querist) 29 May 2012
This query is : Resolved
My mother married my mother 44 yrs back. He had some relationship with some lady n got two sons. I'm one of the 3 children of my mom. Do the illegal 2 sons can ask for share from my fathers ancestral property.. or my father property... What happen if my dad denies to it..
Already my dad has given a 2bhk flat in Chennai ,plot of 4 cent in Coimbatore and plot at other place..
Adv.R.P.Chugh
(Expert) 29 May 2012
Dear Querist,
If there was a ceremoniously complete marriage between your father and the other lady - then in that case the children are considered legitimate, and have a share within the share of the father, i.e they don't directly become members of coparcenory but get a share within what the father holds.
If theres is no marriage just plain living together - in that case the children are illegitimate, and as per Hindu Succession Act - a person is related only when he or she is related by ties of legitimate kinship. Hence they don't beget father's property - illegitimate children are only heirs to their mother and to each other and not to the father.
Please be more specific with the details ! or a consult a local advocate
ajay sethi
(Expert) 29 May 2012
let you r father make a will , in said will cna mention that during his lifetime he has given to his 2 sons properties mentioned by you .
he can bequeath rest of his properties to your mother and other children .
why do you say its ancestral property?
illegtimeate children have right to father property
ajay sethi
(Expert) 29 May 2012
In Jane Antony, Wife Of Antony vs V.M.Siyath, Vellooparambil on 25 September, 2008, The HC of kerala gave:
“The object of Section 16 of the Hindu Marriage Act and Section 21 of the Divorce Act was to protect children born of void or voidable marriages. A limited section of children alone are protected under the said statutes. We are of the strong view that all illegitimate children, though born out of wedlock, are children born to a man and woman who cohabited for some time and are in substance husband and wife for all purposes. Therefore, we have no hesitation in holding that the two children born to deceased [M.A.C.A. No. 1324 of 2004] are legitimate children entitled to succeed to the estate of deceased Dr.Antony.
Further in Jane Antony, Wife Of Antony vs V.M.Siyath, Vellooparambil on 25 September, 2008, The HC of kerala gave:
“No child is born in the world without a father and a mother . As said earlier the child has no role to play in his/her birth. Many such illegitimate children may not know who their progenitors are. The children born to unchaste women belong to that class. The mother of such children also may not know who is the father of the child. But the fact remains that all children both legitimate and illegitimate are born to their father and mother. In the present world by scientific means or tests, identity of the father of any child can be established. The children born to a mother and [ M.A.C.A. No. 1324 of 2004 -24-] father who co-habited for a considerable period of time as husband and wife and being regarded by their neighbours and friends as husband and wife and their parents also acknowledged them as their children and so described in documents like ration card, voters' list and School Register, there is a strong presumption that the children are legitimate children”.
A remarkable change in the concept of succession by illegitimate children to the retirement benefit of their father was pronounced by the Apex Court in a latest decision in Vidhyadhari and Others v. Sukhrana Bai and Others reported in 2008(2)S.C.C.
The Apex Court considered the basic issue regarding legitimacy of the children born to a mother who contracted marriage with a person whose first marriage was not dissolved
The Supreme Court found that four children were born to the deceased in Vidhyadhari in the prohibited relationship. Legitimacy was in fact conferred on the four children for the reason that Sheetaldeen and Vidhyadhari cohabited for a long period and Sheetaldeen treated Vidhyadhari as his wife. The direct issue before the Court was about the status of children born to a woman through a man who cohabited with the said woman and held that such children are legitimate and are entitled to a share (allotment) of the service benefits of their father along with legally wedded wife
MohammedRaffiq Bijapur
(Expert) 29 May 2012
the illegitimate child will inherit the property of his father, he cannot be the member of coparcanory family. So during the life time of ur father the illegitimate sons cannot claim partition in the ancestral property.
Anirudh
(Expert) 30 May 2012
The querist is not a babe in the wood.
She has been raising the same question for the past 9 months in various threads.
Even after having got answers to her query from the experts, she is still repeating her queries, probably, she will continue to do so, till some one answers to suit her liking!
Mahadeva Rao G
(Expert) 30 May 2012
Dear Experts, with due respects to you all, I beg to point out that " THERE IS NO SUCH THING CALLED ILLEGITIMATE CHILDREN, RECOGNISED BY LAW IN ANY PART OF THE WORLD " It is only that the RELATIONSHIP ARE ILLEGITIMATE between a man and a woman from which such Children are born. I just wish the experts pls take note of this and stop using the word ILLEGITIMATE CHILDREN henceforth, Instead pls use words like CHILDREN OUT OF ILLEGITIMATE RELATIONSHIP, it should be more technically & Lawfully correct and graceful in using a language. Thanks.
Shonee Kapoor
(Expert) 30 May 2012
Hmmm, now the SC has deleted the line between legitimate/ illegitimate child.
However, father can make a will.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
