Kumar (teacher) 17 December 2014

No will for adopted son

Dear Sir/Madam,

My father was recently passed away. My mother is legally wedded 40 years back. I am their adopted son. They legally adopted and registered the adoption when I was a child.

My father have got 2 concubines while he is still in legal relationship with my mother. One of his concubine claims that my father is the father for one of her daughter which might not be true. My father made a WILL for that daughter of the concubine claiming that daughter is his real biological daughter. Before this WILL, he also made another WILL to his another concubine. Both the concubines are also fighting for property.

From few years, he was suffering from brain stroke and we have the medical evidences to prove that he is mentally sick. One of the witness in the WILL is the friend of the concubine. I also suspect about the righteousness of the WILL made by my adopted father. Moreover, I doubt whether that girl is really born to my father as the concubine had other children from other marriages and relationship. Moreover, that concubine was involved in several criminal case in the past (attemptive murder, ilegal business etc) for which we gather the information.

As we are unaware about the WILL, recently we registered the property into my name. My mother being a legal heir made the registration.

In this situation, I would to know how to challenge the will ? In this case, it is neccessary to apply for succesion certificate? I also want to know how to protect our property against these wicked lady. Aparently, she is trying to cancel the registration of our property that was done after my fathers death. Given the criminal backgound of that concubine, she manipulated my father to grab the property. Please suggest us to protect ourself from the wicked lady.

I am happy to hear your advice.

Thanks in advance for your advices

best regards

Kumar

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3 Replies

ROHIT SHARMA (Legal Advisor ) 17 December 2014

1. If you have registration of the property in your and mother's name after your father's death then you have done a right thing.

2. Do not worry the Will which you assume exists will be of no consequences. Even such other concubines go to the court you can still contest the legality of the such two Wills.

Kumar (teacher) 18 December 2014

Dear Rohit,

Thank you very much for your reply.

Another issue is that recently showing the WILL that concubine changed my house municipal tax, electricity and water bills in her daughter name eventhough my mother is staying there from past 25 years. For 22 years all the those bills use to be under my mother name. Would it be possible to change back those bills into my name as the documents at the moment are under my name. Currently, my mother is residing in the house.

Also do you recommend us to apply for succession certificate? One land which is under my father name is not mentioned in will. To claim this property and money in bank do we need a succession certificate?

thank you in advance

H.JanakiManohar Rao (lawyer) 23 March 2016

First you should prove your relation as son and your mother as his wife.You should also prove that the lady is prostitute but not concubine.Concubine's children have share in the property of the male(your father)If the will is witnessed by their men you shoud prove that your father was forced to write the will.And it is plan of the prostitute.You need not worry about the Municipal records.You obtain a stay on the mutation.So you meet a good advocate who is well versed in property matters.As an adopted son definately you will get ur share in the property.