Sir My father's brothers (3) has devided before 40 years. My father's one of the brother has one son,but he is illegal son(illegal father).recently(2yers) vorasayh done on the name of illegal son . Can we mean my father can challenge the property in the court for there part, can my father claime total Part?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
By illegal son you mean illegitimate child?
If the property was divided and your father’s brother is transferring the same to illegitimate child then the transfer can not be challenged on this ground alone.
Let me know if I am factually incorrect.
Regards
No, son is son, legal or illegal in the eye of law.
Sir ...
Can you just tell me that what is the worst level of cheapness ...You are saying that your aunty have illicit relationship With someone else and father of your cousin brother is someone another as per biology...Sir for your kind information you can't get the property by such cheap thing ...As weather he is legitimate child or illegitimate he had given his name you can not get property in this way ...You might file the case court will consider you might win that case but sry to say this my ans to cheapest question I have ever had..Else upto you what you decide ...
Thanku
1. How was the succession granted to the said son whom you are calling as illegal?
2. Was it through a succession certificate or legal heir certificate issued in his favour? If yes, then your faher should have objected the succession certificate petition when it was filed.
3. How shall you prove that he is an illegal son of your late Uncle if your said Uncle has already considered him as his son?
4. However, unless you can conclusively prove that he is not the son of your Uncle, it will be difficult for your father to cl;aim the properties of your late Uncle.
Hi, your father can claim only his share of land and not that of his brothers son .. Even a illegal child has a right over the property of his illegal father ..
The illegitimate son has equal share in property
2) your father cannot claim entire property
The illegal son has all the rights on the property of the father. Merely by not born through the legal wedlock does not deprive any child from his rights.
Please be aware that he has all the rights as a real son.
The division/partition already having been given effect to 40 years back, there's no point in challenging this.
The illegal son must have only inherited his father's share, which needless to say his father must have received pursuant to the partition.
Hear illegal father is not my uncle,hear unknown person with my aunty,son is from aunty side but not uncle side,so how can claim the property of my uncle?
Your uncle can execute gift deed in favour of his illegitimate son
Here property is yours uncle's share; so, if he wants to give it to anyone, he can, irrespective of relationship, no one can stop him.
Please note that your uncle can execute a gift deed in favor of the illegitimate child also in order to dispose off his property. He can give it to any one
1. How shall you prove that the son belongs your Aunt through some person other than your Uncle?
2 Even if you can prove so, the property of your late Uncle will be inherited by your Aunt.
3. After the demise of your Aunt, her son will inherit her said property.
Your father is entitled to his share alone and he cannot claim his brother's share of property for any reason.
His brother's son cannot be illegal even though he might not have been born to his legal wife.
However that is his personal affairs in which your father has no rights to interfere.
Hear illegal father is not my uncle,hear unknown person with my aunty,son is from aunty side but not uncle side,so how can claim the property of my uncle?
If that son was born to your uncle's wife by any third person's relationship then that son will not be entitled to any share in your uncle's share of property.
You mat take a chance by way of approaching the Court, however the case is not very strong on its merits.