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Child from extra marital relation can they claim property
08-Jul-2023 (In Family Law)
My sister's husband has extra marital relations and will have baby from that lady bit he is not confirmed whether that baby is his only. Is that lady or baby challenged the property of my sister or sisters husband property?
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Adv. Sonu Singh
Delhi | 100+ Answers
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hello
it is immaterial if the parties to whom the child is born are wedded or not. In law, It is suffice to say that the father is the biological father and it was born out of a relationship of him with his biological mother.
The law always favor legitimacy. Not even the mother can question the legitimacy of her own child unless the contrary is proved.
The child born out of said relation will be considered to be a legitimate child had will have all the rights over his fathers property as his own son. Law recognizes his rights in his biological fathers personal property he has same right/title/interest/maintenance as he would have in case of from the wedlock of marriage. But he shall not be able to claim anything from the spouse of the father or any other member of the family.
it is immaterial if the parties to whom the child is born are wedded or not. In law, It is suffice to say that the father is the biological father and it was born out of a relationship of him with his biological mother.
The law always favor legitimacy. Not even the mother can question the legitimacy of her own child unless the contrary is proved.
The child born out of said relation will be considered to be a legitimate child had will have all the rights over his fathers property as his own son. Law recognizes his rights in his biological fathers personal property he has same right/title/interest/maintenance as he would have in case of from the wedlock of marriage. But he shall not be able to claim anything from the spouse of the father or any other member of the family.
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Adv. Anjali Rajput
Delhi | 25+ Answers
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