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Kumar (teacher)     16 December 2014

Revoking will

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 ? Do my mother or I have any chances to get share in the property?In this case, it is neccessary to apply for succesion certificate? 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


Learning

 15 Replies

G.L.N. Prasad (Retired employee.)     17 December 2014

Please note that mere advise through a forum is not suitable remedy.  Consult a dependable and honest advocate and appraise him the situation, and take his advice, as he will be handy to guide you appropriately at right time to take right decisions.

s.subramanian (senior partner)     17 December 2014

You have not stated as to who is in physical possession of this property.  If you are in possession then you need not worry. Let those people approach the court with the will. In that case, you can challenge the validity and the genuineness of the will on several grounds including the fit mental state of your father at the time of execution of the will. Now it is safe for you to be quite and watch the moves of those opposite parties.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     17 December 2014

No need to worry if you are in the possession of property of your father.

Kumar (teacher)     17 December 2014

Thank you very much for your swift replies :)

 

@ S. Subramanian Sir- The property was registered under my name by my mother after the death od my father. Therefore, I am in the physical possession of the property. My worry is that that the concubine can apparoach the court to cancel our regisistration. In this situation, I am looking for advice to protect the property that is registered after my fathers death

 

Biswanath Roy (Advocate)     19 December 2014

Before dealing with your query I am in need of following information namely,-

(a) How could you come to know that your late father made a Will in favor of  his alleged bio-logical daughter?

(b)  What is the contents of that alleged Will and whether it is a Registered Will?

(c) Whether the Will speaks anything about depriving you and your mother from the ownership of the subject property?

Kumar (teacher)     19 December 2014

Dear Biswanath Sir,

Thank you very much your reply. 

(a) How could you come to know that your late father made a Will in favor of  his alleged bio-logical daughter?

 

We came to know about the will when the concubine changed the electricity bills under her daughter's name. We enquired the officer in the electricity department, on what basis did they changed the electricity bills? They told that using WILL they changed the electricity bills into the name of the concubine's daughter.

 

 

(b)  What is the contents of that alleged Will and whether it is a Registered Will?

 

Yes, the will is registered. The Will states that concubine is the real wife of my father and my father doesn't have any other sons. In theory, this statement is false because I am legally adopted and we have the registered document. That concubine is the 2nd concubine of my father. 

 

According to Hindu marriage act, as per my knowledge, it is illegal to have concubines. My mother is wedded in temple 40 years back and I gathered the marriage document from the temple to prove that my mother is the legal Wife.

 

(c) Whether the Will speaks anything about depriving you and your mother from the ownership of the subject property?

 

In the Will, nothing is mentioned about depriving or prohibiting myself and my mother. My mother and I were NOT deprived in Will.  At the moment, concubine's daughter is minor (13 years old). 

 

The concubine daughter will acquire the right to sell the property when she turn 18 years old. Untill then, the concubine and her daughter can enjoy the rents and other benefits of the property.

 

 

 

Thanks again for your kind reply. Please advice us how to proceed further.

 

Best

Kumar

G.L.N. Prasad (Retired employee.)     20 December 2014

What is your father's profession ?   (If an employee  pensionary benefits , or having a Bank account with nomination stating relationship , or joining in any educational institution, he should have joined.

In addition to changing of electricity bills, have they made any claims through notices ?

Kumar (teacher)     20 December 2014

Dear Prasad,

What is your father's profession ?  

 

My adopted father is into business. In the past (5 years back), my father have got an bank account with my mother as nominee stating that she is his wife. Recently, in another bank account, my gather nominated that concuine as nominee by stating that concubine is her wife.

 

joining in any educational institution, he should have joined.

 

You mean to ask me whether in my school and college certificates, whether my adopted father name is there as father? If that the case, yes. In all my school, college and university certificates, my adopted father name is the father name. 

 

In addition to changing of electricity bills, have they made any claims through notices ?

 

There were 2 issues to be discussed regarding this:

 

1.    A part of our house is rented to a tentant who is renting it from 5 years. My mother is collecting the rent from them from past 5 years. After my adopted father's death, the concubine manipulated the tentant by offering money to tentants. Using concubine's help tentants filed a court case aganist us. In that case, they mentioned that as concubine had got a Will, tentants are stating that they will pay rent to concubine but not to us.

 

2.    Another issue is that concubine complained againist us to police that she got Will and so, my mother must vacate the house as soon as possible. In that house, my mother is residing from 25 years. Police concluded that as it is a civil case, we have to apparoach the court.

 

We are really helpless in this situation and all of your kind advices means alot for us.

 

 

Thank you again

 

best

Biswanath Roy (Advocate)     20 December 2014

Obtain a certified copy of the alleged will of your father from the Registry office and mail me a scanned copy of that. Also let me know whether or not the alleged will was probated by the court.

Kumar (teacher)     20 December 2014

Dear Biswanath Sir,

 

Sure. I can email you the Will. Could you give me your email id please? The will is in our local south Indian language. Perhaps, I can translate and send you the word document of translated will along with the orginal copy of Will.

The alleged will is NOT yet probated in court. We didnt receive any information about that yet.

 

Thank you

 

best

Biswanath Roy (Advocate)     20 December 2014

My E-mail ID is bnroy.advocate@gmail.com

Right you are.  Send me a translation along with the scanned copy  of the Will.. Please note that without Probate Will has no legal value. Enquire from the Court whether or not the subject will was probated after the death of your father . Engage a lawyer for this purpose.  Be it noted also that legally a biological son or daughter born from the womb of a concubine can also inherit father's property.

Kumar (teacher)     20 December 2014

Thank you for your swift reply. I will translate will and send it to you as soon as possible. 

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

With the given situation, it will be difficult for the other party to seek cancellation of the registration of the property in your name merely on the basis of a Will in their possession.  The alleged Will has to be probated before the competent court and the grant of probate she can claim, however on receipt of notice from court about filing your objections to the grant of Probate from the court, you can challenge all the issues you have set forth here, a prudent and expertise lawyer will be to handle the isue at ease, engage one, take his advise and move forward.

Kumar (teacher)     24 December 2014

Dear Sir,

 

 I am gonna take the advice of expert lawyer and move on forward from here.

Thank you for your time and kind advices 

 

best


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