Respected sir, this is a case of property partition between my mother in law and her sister . my mother in law is the daughter from first wife. After the death of her mother at early age her father get remarried and her step mother give birth to daughter. Now after the death of her father, her step mother make gift deed the whole property in the name of her daughter. When my mother in law know about this fact she challenges this deed and mutation in court and applied for co share. As my mother in law is at age of 82 and illiterate she is unable to produce any documentary evidence in court to proof herself as the daughter of her father through first wife. Her sister is a cunning lady who influenced the public in her favour. In these circumstances will u please advice how to proof herself about the paternity and under which law. Thanks in advance
Asked 1 year ago in Property Law from Cuttack, Odisha
1) your mother must be having ration card which reflects her name in members of fmaily
2) her birth certifcate would reflect her parents name
3) wedding photographs of her parents
Difficult to find the above. Is there any provision to apply through court to get paternity.
Asked 1 year ago
court can order paternity tests ( DNA tests)
Your mother in law seek realtionship certificate from local Village office and also death certificate of her father. She can also seek a letter from MLA or Magistrate for the same
Your mother has claimed succession to the property of her father by challenging the gift deed executed by her step mother in favour of her daughter. So your MIL needs to prove her paternity. This can be proved through any documentary evidence such as birth certificate, school certificates, etc, failing which her claim cannot see the light of the day.
A paternity test could have been ordered if her father was alive.
Hi, without documents it is very difficult to prove the relationship, at lease you can tried to find out in Ration card, Voter ID or any other documents to show she is daughter of so and so.
Your mother in law can prove er father's name through her birth certificate;
If she has not attended a school at all, then atleast she can get certificate from the village where she took birth;
Sh has to somehow prove her paternity through some document or else it will be difficult to proceed with the case.
According to hindu succession act wife has limited right in respect of husband's property. After death of father property will devolved to his legal heirs. In your case there is three heirs. Your mother in law, his step sister and step mother. If there is no son then property will be devolved in daughters and wife. wife gets life interest in 1/3 part and both daughters get 1/3 each with absolute interest. If wife did not make any WILL/gift etc then her part will devolved on both sisters but wife made WILL/ gift then her part [1/3] will be transferred accordingly.
your mother in law had no right to gift all properties of her husband, challenge the validity of gift you may get justice.