srinivas (business) 12 July 2009
dear sir,my name is padma.i was born in 1972 and my father died in 1984who has got one concubine and three illegetimate children,my mother is a legal wife,there is no divorce between them,after demise of my father entire ancestral property was occupied by concubine and her children through unregestered will.will i get the share as a coparcener from hindu succession act,2005 amendment,thank u sir,
A V Vishal (Advocate) 12 July 2009
Dear Padma,
Going by the details, it seems that the other woman and her children have forcefully occupied the property, according to law only the legal wife and legitmate children have share in the father's property, however, in case of illegitmate children, they too have reights in the property but the other woman in your father's life doesnot qualify for a share in the property. It is unclear however, as to what are the details/contents of the purported will and whether it is genuine or a fake. A will need not be registered. If you doubt the veracity of the will then file a suit for partition to claim you mother's and your claim of share in the property.
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