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Do the illegitimate children have any right over ancestral property


31-Mar-2023 (In Property Law)
SIR;MY MOTHER IS MARRIED MY FATHER BUT AFTER FEWYEARS MY FATHER MADE ILLEGAL REALIATION WITH OTHER WOMEN BUT NOT MARRY NOW THEY GOTED A CHILDREN CAN THEY HAVE RIGHT TO CLAIM IN OUR PROPERTY BUT PROPERTY IS MY FATHER S GRANDFATHERS PROPERTY
Answers (2)

Answer #1
734 votes
The Supreme Court has held that under the Hindu Marriage Act (HMA), illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral.

In your case it is your father's grandfather's property therefore it is ancestral property.

But there are other means to prevent the illegitimate children from claiming the property, you should approach a lawyer and discuss with him/her.
Answer #2
513 votes
Every child, whether legitimate or illegitimate will have a right in the property of their father. The woman with whom your father has an illegal relationship has no right whatsoever in your father's property.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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