• Does an illegitimate child have a right

Dear sir/madam....
i am a illegitimate child and i want to know if i have any rights on the massive properties in Mumbai and rajasthan  my father hasalready  transferred to his first wife and daughters that he had from his first marriage... only months before he passed away of cancer....
i beleive he was not in his state of mind due to his illness when he did this transfer....however not sure about the same
i can very well prove that  i am a love child and have substantial documents....
father passed away in 2011.

kindly help....
thanks in advance
Asked 3 years ago in Family Law from mumbai, Maharashtra
Religion: Hindu
1) was it self acquired property of your father ? 

2) how was transfer made ? 

3) was it by gift deed duly stamped and regd? 

4) on what basis you say father was not of sound mind ? 

5) merely because father was suffering from cancer does not mean he was not of sound mind 

6) you can file suit to sert aside gift deed if it was vitiated by fraud or coercion or your father was not of sound mind 

7) you would have equal share in the properties as Ill legitimate child 
Ajay Sethi
Advocate, Mumbai
45617 Answers
2680 Consultations

5.0 on 5.0

1. Illegitimate child has right of share in the property of his father but with regard to his ancestral property only.
2. So if your father is not giving you the due share in his ancestral property or selling it then you can file a suit for partition and injunction to claim your due share in the ancestral property.
3. However if your father is not acknowledging you as his biological child then you have to first file paternity suit to prove your relationship with him.
4. I would recommend you to first send him a notice raising your claim to test water.
Devajyoti Barman
Advocate, Kolkata
12856 Answers
166 Consultations

5.0 on 5.0

1. The rights of an illegitimate child are at par with a legitimate child. 

2. It is not clear from your query as to by which document the transfer was made.

3. Depending on the nature of transfer and the rights created by it, you can challenge it in the court to claim an equal share in the properties which have been transferred.

4. If you can prove your parentage then you are free to claim your share. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

if you are the son of your father from the void/voidable marriage then you may file a suit, but before that you have to get the information with documents if possible that the properties transfer by your father by way of sale deed or by way of Will or Gift.

feel free to call 
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

You can claim your right over you father's property and also you can challenge the transfer proving that on account of illness he was not in the right state of mind. 

You need not prove that you were the loved child claiming right over the property is your legal right. 


Adv. Payal 
Payal Arora
Advocate, Pune
339 Answers
15 Consultations

4.5 on 5.0

1. You are entitled to your share of your father's property if he has died intestate,

2. You have no right on his property during his life time,

3. However, if you can establish that title of your father's property was illegally conveyed to his 1st wife when he was not in his senses, then the said transfer will be set aside by he Court,

4. You should now file a partition suit claiming your share of your father's property who died intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

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