Legal Question in Family Law in India

as divorce had taken place before inheriting the property there is no question of parting share in Ranjit's property with rani

One needs to examine the documents pertaining to divorce proceedings, the grounds of divorce, evidence in the proceedings to see the chances of conception after filing of divorce case and before the grant of decree of divorce. The child Ranjitha ought to have been conceived some time around April 1980 (Calculated going backwards from Jan.1981). If Ranjit denied DNA knowing that he had lived with Rani during the interregnum of divorce proceedings and there are chances that DNA may reflect so, then, during appeal Ranjit cannot volunteer under Order XLI Rule 27 for additional evidence. There does not seem to be any other ground which may form the basis of challenge. Once it is established that Ranjitha is child of Ranjit, the partition of property inherited by Ranjit from his father cannot be denied. I do not agree with Mr. Aniruddha Pawse as partition is not between Ranjit and Rani rather it is between daughter Ranjitha and father Ranjit in ancestral property and not in self acquired property of Ranjit.

the child was born within six months of divorce and the presumption may go in favour of the child. however, the paternity test may prove the truth. the claim is sustainable but would solely depend upon the test of paternity.