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Does the illegitimat daughter has a right in deceased fathers property


12-Jan-2023 (In Family Law)
sir I am Hindu Brahmin my father had a property of land Transferred from his maternal uncle .after my fater's death my mother got family pension till her death and my father had extra martial affair with a married women after his retirement . now her daughter claim for above said property now question is that whether she had right to claim for above said property after her mother' s death she is claiming that she is also daughter of my deceased father sir plase give me legal opinion and her mother is not legally wedded wife of my father and her character is also not good my father never divorced my mother Please guide me what we can do in this matter
Answers (4)


LawRato

Answer #1
524 votes
Under the settled law of the land even illegitimate children are entitled for a share in the properties left by father. In your case it is not clear whether the husband of that woman is alive or taken legal divorce. If divorce is not taken, then illegitimate child/girl is not entitled for any share. It is very difficult to prove the issue to claim share by illegitimate child. You need not bother. It is better to transfer all the properties in your name and create charge over properties of your father like mortgage etc., to complicate the issue, before that illegitimate girl files suit for partition. No need to worry.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
948 votes
If the property is self aquired property of your father, she can claim for such property. However, if it is the ancestral property, she cannot claim for the same. Regards, Sadnanand Gandhinagar Bangalore
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Advocate Sadanand Naik

Adv. Sadanand Naik

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Answer #3
948 votes
As the girl claiming the property is of the married female whom your father had illegal relationship with. You should be able to prove that that girl is not born out of your father's blood. If you able to prove this fact then you have your case of full property.
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Advocate Anoop Kumar

Adv. Anoop Kumar

LawRatoBangalore / Bengaluru | 25+ Answers
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Answer #4
712 votes
Thank you for your mail. I am unable to write the lengthy answer over email. And also unable to speak/discuss over phone for long time. Kindly meet me in my Office according to your convenience with prior appointment.
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Advocate Ransa Vasanthi

Adv. Ransa Vasanthi

LawRatoBangalore / Bengaluru | 25+ Answers
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