Legal Rights of a Son from a Previous Marriage
Querist :
Anonymous
(Querist) 09 November 2010
This query is : Resolved
SOME FACTS ABOUT THE COMPLETE HISTORY OF MYSELF
My father was the youngest son of Grandfather, who well studied.
He Married my mother and I was Born, My mom Died when I was 5years and Dad Remarried again and has a son from the second marriage.
Father started his business which started florishing and he beacame a rich man with many properties, bank balance etc.
After Studies i joined my service and was living away from my father, step mother and half brother this was in the year 1995.
thereafter I used to casually visit them, during the period of 1995 onwards my father was a sick person with medical history like brain tumour, low levels of harmones, eyes problem, diabetic, tuberculosis and overall health deterioration.
On 19th September 2010, Father expired after a brief illness and cardiac arrest and was cremated.
Later on came to know that he has written a Will in favour of my Step Mom giving all the immovable/movable properties to her. I have only been mentioned as his son who is working out and is satisfied with his job. no mention of not giving me anything etc.
Can I contest the Will as the witness in the Will is a property dealer and a businessman who is a friend of dad.
How should I proceed in this matter please suggest.
In case you need any further calrification please inform.
Devajyoti Barman
(Expert) 09 November 2010
First clarify from which state do you belong? This is so because the Rule of Inheritance differs from one State to another. If you are from West Bengal then you will be governed by Dayabaga Rule of Hindu Succession which entitles the father to dispose of his properties whether ancestral or self -acquired to anyone he chooses. He can even gift or bequeath by Will to a stranger also and you will be having no say at all.
But if you are from any other State then you will be governed by Mitakshara Rule of Hindu Succession which restricts a person from bequeathing his ancestral properties to anyone outside his own legal heirs.
So, if that applies to you then you could validly challenge that Will and ask for partition of his properties but only to the extent of his ancestral properties only and to his self -acquired ones.
Querist :
Anonymous
(Querist) 09 November 2010
Thank You Mr. Burman with such a prompt reply.
The Properties which I am Talking here are in Uttar pradesh and Uttaranchal. I wish to contest the will as I feel it was made under duress, As I had no fight etc. with my dad the only fault I have is being a Step Son to my second mother as my mother dies when I was five.
Can I contest his will, if yes what should be the major grounds for contesting.
I feel bad that I am not even given a dime from the self acquired property of my father.
Will the court of Law in India have any sympathetic view in this case.
Best Regards /
R.Ramachandran
(Expert) 09 November 2010
After the coming into force of the Hindu Succession Act 1956, if a hindu male having interest in coparcenary property dies, then his property will go either in terms of the testamentary disposition (i.e. by means of Gift or Will if any) or by way of inheritance amongst the legal heirs.
In the instant case, your father has disposed of the property through testamentary document i.e. WILL.
Therefore you cannot claim any share.
Ofcourse, if you have proper grounds (like the will was obtained by force, fraud, undue influence etc.) you can challenge the validity of the Will.
Devajyoti Barman
(Expert) 09 November 2010
Yes, I can understand the agony but given the circumstances I regret you can not do much except to challenge the Will on the round if its execution under suspicious circumstances. If the Will is declared null and void then you will get equal undivided share in your father's property for which you will have to file another suit for partition. Otherwise your father being under Mitakshara Rule of Succession has not done any wrong in legal sense of the word.
Chanchal Nag Chowdhury
(Expert) 09 November 2010
U R entitled to nothing unless U can prove that the Will is fake or is a product of force, fraud or undue influence. The witness' standing is of no help to U.
Querist :
Anonymous
(Querist) 10 November 2010
Thank you very much for he info. The Will is only for the father acquired properties or does it cover the ancestral properties as well.
Arvind Singh Chauhan
(Expert) 10 November 2010
You are entitled only for the ancestral property, in case of genuine will.
Querist :
Anonymous
(Querist) 10 November 2010
Now this is sure that I have the right to contest the Will on grounds that he was under pressure ad duress.
In case I contest the Will in the sessions court how much time would it take to gt the judgement. I am not in a hurry at all. The opposite party is in a haste that is the reason I am smelling something fishy.
However, once I contest the will and suppose it takes 2 to 5 years time then I know the opposite party would try to gt an out of court settlement.
Regards
R.Ramachandran
(Expert) 10 November 2010
Dear Anonymous,
How much time it will take etc. are all in the realm of speculation. No one really knows. So instead of indulging in all these trivialities, go ahead and file the case if you want.
n.k.sarin
(Expert) 10 November 2010
dear anonymous you can also challenge the will on the basis of medical/health condition of your father at the time, when will made by your father.
Querist :
Anonymous
(Querist) 10 November 2010
Thank you very much for all your expert help it is really a very helpful forum and the advice are real genuine. With Best regards.
Now i am taking steps to contest the will on medical as well as pressure grounds and would try to linger on the proceedings.
Thanks for your time and help.
With Best Regards / Author
R.Ranganathan
(Expert) 10 November 2010
Yes. Immediately proceed without delay questioning the Will.
