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Devakrishnan (Consultant)     18 August 2011

Interesting interesting civil case

hi freinds

Apply your mind on this case

The Plaintiff in a partition suit do not father name in his birth certificate,born in the year 1937.

The defendents were born in the year 1941 and later.

The plaintiff claims that he is born to the defendents grandfather.

The plaintiff is claiming the defends ancestral properties.

Is this case admissible in law ?

 



Learning

 3 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 August 2011

There is no birth certifacate in 1937.

In any case, absence father name in the birth certificate is not conclusive proof  of paternity.

admissibility of partition case does not depend upon of question of paternity.

Ask your question rightly.

Devakrishnan (Consultant)     19 August 2011

Thanks for ur reply Mr Ramesh

The Plaintiff is a native of Puducherry ,so birth certificates are in force in the french regime.

The point is the plaintiff claims that he is born to the defendents grandfather .

The plaintiff is asking for a decelaration  that he is born to the defendents grandfather in the partition suit.

The interesting point is the plaintiff is born on 1937,the defendents are born after the plaintiff birth on 1941.

How can the plaintiff ask for declaration of his paternity ,against the defendents who were born after the plaintiff  birth ?

How will the defendents know about the plaintiff birth ?

On what grounds this case should be approched ?

Shastri J.K. (Practice in The High Court of Chhattisgarh)     19 August 2011

case is admissible. absence of father's name in the birth certificate is not conclusive proof  of paternity.it is matter of evidenoe.


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