santosh 04 April 2017

Succession case

Sir, My father died intestate in the month of February... after that i (age 29) applied for succession on landed properties with all required documents stating my mother and younger brother also as legal heirs,.. suddenly now i heard from circle officer that there is another application which is by a women stating that she is second wife ( age approx 55) and has daughter ( age 35 married).for the succession on same properties. we used to reside in district place for last 32 years after father's retirement from army...we have not seen these women till date..after i asked my mother about this , she said this is same women who was allegedly trying to enter the home somewhere around 1982 by stating that she had married my father and has one pic of marriage.. after looking at records at village it is seen that there is no marriage registered in their name...but she has allegedly used my fathers name on birth certificate of the daughter born to her...and to my surprize they have fake ration card just by using my father's name, where my never applied for it, as we have our own another at our place . using the fake ration card which matches my father's name they are also sanctioned with a below poverty line home for which my father never applied....another thing is that all these years that women has spread a rumour in village of being my fathers wife and she has daughter from father so people are also saying like that.. and afterall now they have came up with same name certificates to apply for succession in the name of second wife......... please suggest me what to do .....as my father was loyal person and all properties were purchased by true earnings and we do not want to lose them....

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9 Replies

santosh 04 April 2017

guidance required

Kumar Doab (FIN) 04 April 2017

Are you Hindu?

Confirm!

Kumar Doab (FIN) 04 April 2017

If the said marriage is claimed during subsitence of 1st marriage {in life time of your mother (legally wedded wife)} then 2nd wife may not succeed to claim any share.

If the daughter from said 2nd wife is indeed fathered by your deceased father then she has a share.

If said 2nd wife has applied for succession certificate then you may contest it and prove her claims as false.

Approach a very able local counsel specializing in civil matters.

1 Like

santosh 05 April 2017

i m Hindu

my mother is first wife legally

as we have no DNA of my father, how can it be proved that my father is boilogical father to the that daughter ....

i have some affidavits made by my father in front of taluka magistrate which states that me ,my mother & my brother are the only legal heirs to my father after him , those are photo attested affidavits which clearly stating as legal dependants......are those affidavits really useful to prove other party wrong......

santosh 05 April 2017

also my father has never met or had any contact with the lady and her daughter for last 30 years as of from my birth........as we were staying outstation and father was government servant ...........

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 April 2017

Dear Querist

the second marriage of your father(if conseider) is void ab-initio and she has no right over the property of your father but if the child/daughter has a share in the property because the children are legal and can not be illegitimate

santosh 05 April 2017

but how the alleged use of my father's name in birth certificate can prove that he must be biological father of that daughter.......

and my father has never registered the name ,as he was in the army and posted far away from our place.......

santosh 05 April 2017

but how the alleged use of my father's name in birth certificate can prove that he must be biological father of that daughter.......

and my father has never registered the name ,as he was in the army and posted far away from our place.......

Kumar Doab (FIN) 05 April 2017

To register the birth there is a set procedure.

Purue RTI route and try to get the forms/documents submitted to Registrar of Births and also from hospital if birth was in hospital.

Entrust the matter to a very able senior counsel of unshakable repute specializng in civil matters and share all corroborating evidneces that you have mentioned and contest the matter in court.