Can the same AC court declare a person as son of 'X' and son of 'Y'? Can the same AC court declare a person as son of 'X' and son of 'Y'?

2 years ago

Can the same AC (Assistant Commissioner) court declare a person of 42 years age as biological son of 'X' parent for one case and then whether the same court can consider the claim of the same person saying that he is foster son 'Y'. Please clarify.

Anik

Responded 2 years ago

View All Answers
A.Hi,
You should approach the civil/district court for declaration since this is beyond the jurisdiction of Revenue courts and declaration as a biological or foster kid is under the jurisdiction of civil courts.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Such a declaration is illegal since contradictory things cannot be declared. Either approach civil court for declaration since the revenue courts have no jurisdiction to decide 'title dispute'.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
No, it is illegal. You can approach in revision before Deputy Commissioner. Civil Court has that power.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.what exactly you want to do ?
why need to be declared biological son of X and foster son of Y at same time.
You need City Civil/District court for declaration instead of AC.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.असिस्टेंट कमिश्नर को जैविक पुत्र घोषणा करने का कोई अधिकार नही ।चूंकि असिस्टेंट कमिश्नर कोर्ट की परिधि मे नही आती हैं।
जैविक पुत्र की घोषणा करने का अधिकार सिर्फ सिविल कोर्ट है।
या
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconWill of Grandfather
Dear Client, To ensure the authentic status of a pending case, you must obtain a certified copy of days proceedings or an order sheet of the latest hearing from the concerned Court where your probate...
question iconProperty distribution
Dear Client, An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divide...
question iconBrother unwilling to give copy of their late mothers Will to Sisters
Dear Client, Both registered and unregistered wills can be challenged on similar grounds. However, certain challenges such as (i) Improper execution of the will; or (ii) genuineness on the signature o...
question iconUnregistered will without signs of witnesses
Dear Client, In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable u...
question iconcan a BENEFICIARY in the will be appointed as an executor
Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.