2+ Lawyers are online
Claim Properties of my deceased mother against second wife & son
13-Jan-2023 (In Civil Law)
My Father married two women in his life. While he was live he purchased few properties in the name of his first wife and himself. I am daughter of first wife. My fathers second wife has two sons. We all lived together happily with no issues. My Father expired in 2001. Later my brothers were taking care of both of my mothers and business. In 2009 i got my married. My mother expired in 2016. Before 3 days of her expiration she gave a Registered WILL to my fathers second wife making her(my fathers second wife) to be owner of all the properties in her name and also any properties that are associated to my father along with ancestoral properties.Now myself and my brothers got some disputes. How can i file a case on my brothers to claim all properties. Can i state that my father had illicit initmacy with his second wife and the brothers are not legitimate sons of my father? Can i state my father did not marry second wife? Can i state that the WILL is a created document and forged.
Hi
1) The Will is definitely forged and fraudulently obtained as no person especially a woman will bequeath her properties to the second wife of her husband and that too to the exclusion of her only daughter.
2) The second wife has NO right whatsoever on your father's ancestral properties as she has no right when the first wife is alive.
3) The children born out of second marriage are legal heirs of your father, along with you. But law specifically excludes your step mother from inheriting anything from your father's ancestral properties.
4) You should file a suit for partition of properties and in the said suit you should also challenge the WILL in case it is produced in the court by your step brother's.
5) Assuming the WILL is produced in the court, you should challenge the will on grounds of undue influence/coercion/ torture etc by your step brother's on your mother ( you will win the case based on points stated above)
6) Since you were married in the year 2009, you are entitled to claim equal share of properties along with your step brother's of all your father's self acquired properties, ancestral properties and mesne profits from the business from the date of demise of your father to the date of you filing the suit and thereafter.
Hope this information is useful.
Helpful?
19+
19+
Adv. Rajagopalan
Adv. Rajagopalan
Hyderabad | 25+ Answers
Chat
as per section 65 of the evidence act even an will is regsitered it is to be proved beyond reasonable doubt as per the above section and bequeathing the property to the conquibine is not valid under law so you can claim
Helpful?
25+
25+
Adv. Innamuri Balasubramanyam
Adv. Innamuri Balasubramanyam
Rajahmundry | 700+ Answers
Chat
Registered will wrote by your mother is applicable only for her share and her self acquired properties. So you can proceed civil action against them.
You didn't mentioned religion. Property disputes defend on religion.
Helpful?
21+
21+
Adv. Appala Naidu
Adv. Appala Naidu
Visakhapatnam | 25+ Answers
Chat
Your father's second marriage is not valid in the eye of law but children's born out of the marriage are legal heirs to his father self acquired properties as such your brothers are legal heirs but your step mother is not legal heir. for self acquired property, you,your mother and your brothers are legal heirs. Further your father predecessor to your mother so 1/2 of share over ancestral property and 1/4 share over self acquired of your father your mother is also legal heir as such the will is valid to that extent in favor of your step mother remaining is not valid. So finally you are entitled to 1/2 share in ancestral property and 1/4 share over self acquired property.
Helpful?
23+
23+
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.
Connect with top
Civil lawyers for your
specific legal issue
No Comments! Be the first one to comment.
- Mere educational certificate or adar pen caste may father surname mism
- witholding transcripts and degree certificate
- Mismatch of father name surname in education certificate and adar pe
- Child birth certificate name after father's name changed legally.
- Child birth certificate name after father's name changed legally.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
