My father while his first wife was alive had intimate relationship with my mother without giving any legal divorce to his first wife and due to the reason, am born. recently my father died. I would like to know whether i get any right/s over the self acquired and ancestral properties of my father.
Asked 1 year ago in Constitutional Law from Mysore, Karnataka
Since your father and mother relationship is illegal she cannot claim any rights in his property. However you being a legitimate son of your father you can have equal rights in your father's self acquired properties alone. You cannot claim any right in his ancestral properties.
1) i presume your father died intestate . on his demise you would have share in self acquired/ ancestral properties of your deceased father
2) you can file suit for partition to claim your share in the property
Illegitimate children also succeed as legitimate children to the property of their father. Your share is at par with the share of the children born out of the wedlock of your biological father. You are free to file a suit for partition to cull out your share in the ancestral properties.
In a recent supreme court judgement it was held that the children born to a unmarried woman, will get equal rights in respect of properties owned by the father along with his name.
This right would be only in respect of self acquired property and not ancestral property.
1. Even though your father had intimate relationship with your mother, when his first wife was alive, legally the children born out of such relationship are eligible for equal share along with the children of legally wedded wife, in case your father has died intestate.
2.You are entitled to equal share in the self-acquired property of your father (in case of intestate death of your father) and also in Ancestral Property.