Dear Sirs/Madams,
I need your experienced guidance and rightful suggestions for my below mentioned query. Kindly share your opinions and guidance 🙏
I aged 43 years live with my mother aged 73 and two children both aged 17. My father and husband have expired 4 months ago.
We live in a Parsi trust society.
My parents are Parsi.
But I was married to a Muslim, and therefore my children are also Muslim by religion.
Our house is under litigation with the trust since the last 40 years. My late father was the respondent and the trustees had filed case against him as Illegal Tenant.
My father lost the case in lower court. Therefore he filed an appeal against trustees in 2013.
Now that my father is no more, my advocate filed application with relevant documents to bring my mother ( 1st) and me ( 2nd) as Legal Heirs on record in this Appeal.
The trustees ( respondents ) have given their say in positive for my mother, but in negative for me under the pretext that I was married to a non-parsi.
Now on next date an Argument will be held between my advocate and the respondent's advocate for me ( my advocate will argue on grounds that although I was married to non-parsi, I am yet the rightful legal heir of my late father, and, that now since that my husband has already expired, I'm living in my father's house with my two children and
mother. So the honourable court allow me to be on record as legal heir. ).
1) Now since my father's house is the last hope of shelter for me and my 2 children, I'm worried as to what consequences can occur if the honourable court doesn't grant permission for me to be on record as legal heir ??
2) If the court does not grant permission for me to be on record as legal heir, in such case what will be my security in future if my mother expires ??
In such case can I file a fresh and new case against the trustees on my behalf ??
A humble request to all you learned advocates, please guide me sincerely with all possibilities for my future and my children's future......
Rest God Almighty knows best 🙏
Christian and Parsi don’t identify the rights of an illegitimate child who is born out of the wedlock and they give recognition to only those children who are born from legitimate marriages. This was stated in the case of Raj Kumar Sharma v. Rajinder Nath Diwan AIR 1987 Del 323. Thus, child who is born out of the wedlock cannot claim any rights over the succession from his biological parents in the Christian and Parsi law. The community gives importance to relations running from lawful wedlock only.
