As DNA reports have ratified Rohit Shekhar’s claim that he is veteran Congress leader N D Tiwari’s biological son, legal experts feel it will be difficult for Tiwari to deny Shekhar a pie from his property.
Former Delhi High Court judge, Justice R S Sodhi, said: “Rohit’s case for paternity suit has become stronger with disclosure of the contents of the DNA report, but his battle is not over as Tiwari can question its veracity.
The DNA report is just a piece of evidence. Tiwari can show that the report is defective. But if the report is accepted as true, then Rohit can claim his right into Tiwari’s property.” Senior advocate of the Supreme Court, Vikas Singh, said under the statute, even an illegitimate child can claim share in father’s property.
“Once the DNA report is accepted by the court and Rohit gets the paternity suit declared in his favour, he can file a suit for partition of Tiwari’s properties,” Singh, the former additional solicitor general of India, said. Delhi High Court lawyer Amit Kumar said besides claiming his share in Tiwari’s property, Shekhar can also file a suit seeking damages for having suffered mental agony and harassment.
“Under the Hindu Succession Act, any child, whether legitimate or illegitimate, can claim his right in the property of his father. The best part with Rohit is that N D Tiwari is proved to be his biological father by an independent authority,” he said.
DH News Service
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