Only blood relations can be heir: HC
Shibu Thomas | TNN
Mumbai: The Bombay high court has ruled that only blood relations can claim to be heirs and demand a stake in family property.In her ruling on a property dispute,Justice Roshan Dalvi denied a claim by Albert DSouza,saying he did not enjoy the rights of a biological son and his petition was,hence,dismissed.
If the child has no relationship with the deceased by blood,full or half,he would not be entitled to be called an heir and consequently,to succeed to his estate, said the verdict that was delivered last week but only made public this week.The court was asked to decide the rights of the heirs of Mary Powell after her death.Marys family,including her late brother Denniss children,claimed a share in her property.Albert,who was Denniss stepson (his second wifes son from her first marriage),filed an application as an interested party in Marys property.
Under the Indian Succession Act,a person claiming to be an heir must have a blood relationship with the deceased.To be eligible for succession,a person must be related to the deceased by full blood or half blood.Indian law says two persons are said to be related to each other by full blood when they descend from a common ancestor by the same wife.They are related to each other by half blood when they descend from a common ancestor but by different wives.
If a child has no relationship with the deceased by blood, full or half, he is not entitled to be called an heir,says verdict
According to Indian law, two persons are related to each other by full blood when they descend from a common ancestor by the same wife and by half blood when they descend from a common ancestor but by different wives
Source: Times of India, Kolkata, First page, bottom.