despite being illegitimate son, he has equal rights like your legitimate sons and daughters on your property after your death.
Claim of an illegitimate child(son) on my property ?
If I have a child(boy) with my girlfriend, but due to some reason we do not marry and get separated. I marry someone else and have 2-3 children with her. Can that illegitimate son claim any right on my assets/property after 20 years or so if I am alive ? and can he claim any right after I die ?
Asked 6 years ago in Family Law
Religion: Hindu
11 Answers
Dear,
Yes, he has valid right in your property/assets like your legitimate child.
Mumbai High Court passed this order dated-[deleted]
An illegitimate child is capable of claiming right to inherit his father’s property. This is in light of section 16 of the Hindu Marriage Act.
To safeguard your stand, you need to deny the legitimacy of this child and treat him as a stranger.
He will have to prove his stand before he can successfully stake a claim against you.
Your illegitimate son would have no share in property during your lifetime
2) if you die intestate he would have equal share in your property
1. The child born beyond the wedlock is illegitimate child.
2. However such child is entitled to inherit the property of his father.
3. Since right of inheritance is continuing process he can claim such at any of time whether during your lifetime of thereafter.
Dear Client,
As per Hindu Succession Act, Illegitimate child have equal share in father property along with legitimate kids and equal inheritance right after his death.
But in self acquired not ancestral.
The child will not be illegitimate, but it will be your biological child hence it will have rights in your own property after your lifetime.
Yes he can claim
This is my response to you:
1. Yes the illegitimate son can claim property;
2. Once the son attains majority he can claim it within limitation period;
3. Also if the limitation period is over, the delay can be condoned.
Firslty, Sir, you need to look into the fact that though he is illegitimate son of yours, but has given right by Indian law to ask for the share as a legitimate child.
Secondly, but yes, it is only possible during you lifetime as after your death he may not be able to prove that he is your child.
Thirdly, during your lifetime aslo, he would go to the court to prove the same.
hello,
your illegitimate son can claim over the property which is acquired by you, in case you die intestate, but he cannot claim a share in your ancestral property.
regards
