Dear client,
You Have same inheritance right which legitimate child have but not in his life time but on his intestate death. In his life time , he can even disown his legitimate child too. Non have claim in his life time.
Does An Illegitimate Child have a rights of Father’ self acquired property ?
Respected Sirs/Madam, I am an illegitimate child and i want to know if i have any rights on the massive properties ( Now Sold & they planning to buy new one ) in Gujarat-Palanpur of my father’ self acquired property . Now my father & his wife’s ( with sons ) sold the property which was my Father’s Acquired only. All the money will used to buy new property with ownership of my father’s first wife. My father’s behaviors is not good right now. My father still Alive & lived with them. I can prove that my Mother & My Father had a good relations like marriage but legally they were not married or legally husband wife. I have all documents proof that I am son of my father with proof of society. Since I born to till my marriage I was lived with them. ( with my father, his wife & his sons ) but thereafter I left my father’s house since 13 years ago & I settled in Ahmedabad due to JOB. I lived in Ahmedabad as a Tenant with my wife/children's I think my Farther don't want to give me anything. I have no supports of anyone as i am only one child & no relation with my Mother's family. below is point: 1. My father had illegal relation with my mother yet his first wife's alive. 2. My mother had done sucide when i was six months only due to Tourtering of my father's & his wife's family. 3. I was lived with my Father's & his wife's. 4. They have also Tourtered & harrased me very badly since i was lived with them. 5. I left their house since 13 years ago. i lived in Ahmedabad with my family & going their house occasionally. 6. My father has ben sold his property & will buy new one for his wife & sons. I really Depressed, frustrated & feel alone in life. Please help me for the same.
Asked 6 years ago in Property Law
Religion: Hindu
16 Answers
if he is your biological father get it proved from the Court and claim your share of the property after proving the same,
once you start, he will definitely settle the matter with you,
You have no share in father self acquired property during your lifetime
2) on father demise you would hav e equal share in his self acquired property
So, (1) If my father do not want to give me anything from his property than I have no rights to claim on my father's property in his presence. (2) If i claim after that what is the chances to get my Rights???
Asked 6 years ago
Sad but yes.
You can claim only if died intestate, than you have equal share along with his other child/ren and wife.
You cannot claim share in father property during his lifetime if he does not want to give you any share
2) on father demise intestate you can claim equal share in property
Dear Client,
As per succession law, an illegitimate child may also claim share in the property of the father.
Till the lifetime of your father you do not have any right on his self acquired property as per the Hindu Succession Act
Like he is the absolute owner of the property.
If he deems fir he can gift it even to a third person.
If he passes away without a will then you can stake a claim over the said property.
Regard s
1. An illegitimate child has right inheritance in the property of his father. However the situation of inheritance arises only when the father died intestate leaving his self acquired property. So your father can during his lifetime can transfer his self acquired property to anyone he chooses.
2. However you have right of share in his ancestral property if any and to get this you can file a suit for partition.
3. So if there is a scope for selling his ancestral property you can file a suit for partition and injunction.
Dear Sir,
Please be advised as follows:
In your case section 16(3) of Hindu Marriage Act is invoked prima facie which states that due recognization to the status of "illegitimate" children rights of such children in the property of their parents.
Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral.
It has been stated in the case of Revanasiddappa & Another Vs Mallikarjun & Others (Supreme Court of India) is a law to advance the socially beneficial purpose of removing the stigma of illegitimacy on such children who are as innocent as any other children.
In addition to aforementioned it is pertinent to note that
Article 39(f) of the Constitution runs as follows:
“39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing- (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.”
Moreover, Apart from Article 39(f), Article 300A also comes into play while interpreting the concept of property rights. Article 300A is as follows:
“300A. Persons not to be deprived of property save by authority of law: No person shall be deprived of his property save by authority of law.”
Right to property is no longer fundamental but it is a Constitutional right and Article 300A contains a guarantee against deprivation of property right save by authority of law.
However, one thing must be made clear that benefit given under the amended Section 16 is available only in cases where there is a marriage but such marriage is void or voidable in view of the provisions of the Act.
Illegitimate child is one who is born outside wedlock. Or born out of a illegal marriage. Illegitimate child has similar rights of maintenance and right over property as a legitimate child. there is no distinction in Law.
Being illegitimate child you have all the rights for claim from your father only if you haven't claimed any proeprty from adopted parents. But if that's not the case then illegitimacy child has rights in self acquired property also.
No doubt your mother's relationship with your father was illicit or extra marital, but your cannot be considered as an illegitimate child to your father.
You are very well a legitimate child to your biological father.
However yo can establish your rights over your father's self acquired properties only after his lifetime and not during his lifetime.
Therefore yo cannot stop him from selling his properties during his lifetime.
Dear sir
Yes illegitimate son also have right in the property of father but not in the ancestral property
You cannot claim any property of father in his life time but after his death you can claim if he doesn't write any will.
See in life of the father no one has right on his self acquired property and you cannot claim same, in case of intestate death that is without will you have right on properties that are in name of the father.
Though in life father can make will and gift of his properties.
1. Yes he can alienate his property in his life.
2. Since there is no right you won't succeed.