hindu law

u posted the similar query earlier also.

in my opinion an illegitimate child can not claim in the ancestral property, but she/ he can claim  in father's or mother's personal property.

but for one thing i m doubtful whether an illegitmate child can file a suit ro partition?

i think not but would like to c the opinion of other Ld. members.

 illegtimate child has equal rights and he can claim property for her maintenance.

Regards

Kamal Grover, Advocate (Chandigarh, India)

M: 09814110005

e-mail: adv.kamal.grover@gmail.com

an illegitimate child does not have any right  in property except that of his/her parents ie he can not claim property of any relation except these two. in the same way illegtimate daugther is not a coparcenor like an illegitmate son hasnt been provided with this right.

an illegitmate child can file a suit for partition only in case the property to belongs to parents otherwise not.

Mr Kiran

"There is a saying "where there is a right there is remedy". I Think in Latin it is said" ubi jus ibi remedium"(This is subject to correction of spelling)

Hence any right if not honoured out side a court, then the only option is to resort to suit. The Act, did not prohibit enforcement of a right through a court of law. Hence filing a suit is not prohibited as far as I feel. Any comment?

Dear VSR Ji,

wen a particular suit is not maintainable then do u find it is wise to approach the court.

shall we waste the time of court and money of the litigant....with due respect courts dont work on Morality but as per law.

we are already having a lot of luxurious and frivolous litigation in India, wasting much of the time of the court.

wen a particular right is not available then no remedy i think.