• Illegitimate child

Sir I am Krishna and my age is 16. My mother was second wife to my father. My father passed away in 2012. With out any issues. There are 2 children to first wife. But there is no marriage held between my father and my mother. I born out of in live in retaliation. Now the first wife children totally oppose me as their brother. We filed a case in court as I need equal share from my fathers property. But the case is still running n the court since 5 years. I have some phots taken with my father. Sir is there any chance to prove my birth right to my father. What bout DNA test. Dose the court give permit to conduct DNA with first wife children. Or is there any other possibilities to prove my birth to my father. I am Hindu.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

You can claim.on your father's ancestral as well as self acquired property as Supreme Court, Revanasiddappa v. Mallikarjun,[18] it was held that ‘Child born in illegitimate relationship/Void marriage is innocent and is entitled to all rights to property to which his parents are entitled whether ancestral or self-acquired property.

You have to submit proof in court of your father and mothers relationship and file an application further requesting DNA test to prove your claim that the person is your father. After the claim is established you can file a claim on property.

Prior to the child claiming a share of the inheritance, you will have to commence proceedings to have paternity established in court.

This is not entirely straightforward. Before the court orders a DNA test to ascertain whether the father really is the child’s biological father, the child will have to submit proof.

You will have to demonstrate that there was contact between the mother and father which could have resulted in the child being conceived. Witness statements from the mother, neighbours or friends are considered as means to demonstrate such contact.

The courts have nearly always granted claims by illegitimate children. The circumstances in which the child was conceived are no longer of relevance to the court. In the eyes of the law, all that matters is that the man fathered the child.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you have equal share in property

2) do you have birth certificate ?

3) does it mention name of your father

4) your school leaving certificate must be mentioning name of your father

5) DNA test would prove that 2 children of frst wife are your brothers

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) Did your father live with you, visited in school, hospitals etc wherever his noted birth certificate and photo graph with you, said in society that you are his child in front of any relatives etc. Because now DNA test not possible.

As per Indian Evidence Act, under section 112

In India, section 112 of the Evidence Act embodies the irrebutable presumption of legitimacy. It reads: Birth during marriage, conclusive proof of legitimacy - The fact that any

person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its

dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the

parties to the marriage had no access to each other at any time when he could have been begotten.

So this section deals with law as to the proof of legitimacy as it stands today. It says that the fact that a person was born during the continuance of a valid marriage or within 280 days after its dissolution but before the woman remarried someone else is itself a conclusive proof that the person to whom the mother of the child

Check that you have all certificates registered in school, municipal corporation certificate where your father's name appears .

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Illegitimate children has right to inherit he proeprty off ather.

So even if you have born out of live in relationship of your father and mother you are entitled to succession rights which though your mother is not.

So you have to file a suit for partition .

If your parentage is disputed then you can seek DNA test .If there is any public document available with you to who your father's name appearing as that of you parent then it will be sufficient proof.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Respected sir...

First of all I would like to apriciate your will as you are fighting from such a situation and you are trying to prove your part ...In Every child has just one biological father. But sometimes you need a paternity test to identify the real father. And certain legal situations involving custody and child support require PROOF of fatherhood.

Later in life, an adult may become curious about his biological father you just need to take permission from court for DNA test court will easily grant you such permission and DNA test

In all these cases a DNA test can uncover the truth.

One of the DNA tests used by adoptees to uncover unknown parents has turned out to be a great option for finding and confirming a child's biological father.

This test, called Family Finder, is great insurance against a negative result. That's because it provides important clues to the child's ancestry even if the tested man proves not to be the father. What's more, the cost is surprisingly

Conventional Paternity Testing ...Just take permission from court your work will easily be done ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

The child legitimate or illegitimate have equal rights in the property of the father without any dissemination.

As your case is in the court only photographs of you with father will not prove the case. You need to explore all the possible evidence like witnesses, photographs,and above all is DNA. The court gives permission but not at the lower courts.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Friend,

You definitely succeed in your claim. File an application immediately for DNA Test if rejected by Lower Court take the issue till Supreme Court. Ask for interim relief like maintenance to you and yourself from the estates of your father which being enjoyed by children of first wife. If you want your case to be disposed within a time frame then approach High Court for directing the Lower Court to dispose your case within certain time limit.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

You may request the court to pass direction that your DNA be compared with the DNA of children of first wife and that is the only way by means of which parentage can be proved.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In addition to scientific tests, your mother's relationship with your father as unwed wife has to be established through documentary and circumstantial evidence. Upon proving, you will be declared as illegitimate child and you will be entitled to equal share of your father's property. Your photo with your father alone may not help establish the facts of the case.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Client,

How long ur parents were in live in relationship. Whose name in father column in birth/school certificates and IDs.

Illegitimate child have equals right in the property of father along with legitimate child.

From where u will acquire DNA sample of your father as he is not alive and his children will not their sample.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

DNA profiling can be ordered by the court if you bring in other evidence in support of your case, like proximity of your mother and father and their living together when you could have been begotten. It was ordered in a famous case of N D Tiwari by Delhi High Court. In the first instance the onus of proving the relationship of your mother and father is on you. it is contrary to in case of valid marriage where husband has to prove that he had no access to the wife when the child could have been begotten.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

Hi,

To prove the paternity of the child, there are provisions of DNA test and these are done by court order. You may make use of it.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You will be having your birth certificate having your father's name?

The birth certificate and educational certificates shall stand as substantial proofs to prove your father's name.

The DNA test is another option but how will you compare it with your father's samples when he is not living now?

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Your Birth certificate, School certificates, school application wherein your father signature is present, voter ID will do or even the courts can permit for DNA tests.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

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