Dear Sir/Madam,
Kumar (teacher) 16 December 2014
Dear Sir/Madam,
Hardeep (Business) 17 December 2014
1) Whether the concubine is involved in illegal matters or her daughter ( say Ms A ) is your father's offspring or not is irrelevant as far as the validity of the Will is concerned. Via a valid Will one can give away one's property to even unrelated persons.
2) Since the property is now registered in your name, Ms A will now raise a claim against you and you will have to contest the Will on grounds which could be strongly evidenced and proven. If the Will is unregistered ( in some states that is essential , in others not ) that could be a strong point in your favor. Suggest take the help of a competent lawyer with facts and proceed further .
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Kumar (teacher) 17 December 2014
Hi Hardeep,
thanks for your reply. I didnt understand waht u mean by ti contest the Will on grounds and to prove it?
best
Kumar (teacher) 17 December 2014
I compeletely agree that one can give property to anyone without WILL.
But, in the WILL it is mention that the concubine is his wife which is false and that the concubine daugther is his biological daughter which I am not sure. that concubine had several children from previous marriagess.
Hardeep (Business) 18 December 2014
To correct you - anyone can give his self earned property to anyone WITH a VALID Will. If one dies WITHOUT such a Will, the Hindu Succession Act comes into play.
in your case :
1) The property is registered in your name. probably you are in posession also. To dispossess you, Ms A has to file a case on the basis of the Will. Which you will contest as being false / forged or written when the person was not in control of his mental faculties.
2) Depending upon facts - and under Hindu Law, the first " wife " is the only legally wedded one ( after the Hindu Marriage Act was implemented - do not recall the year offhand .. ) So if the concubine is mentioned as wife while she was not, it may help you to claim that the Will writer was not mentally well at the time.
3) You can either wait for Ms A to raise a claim and respond per what she says, or, since you are now aware of the existence of the Will, be proactive and have it annulled by challenging it. This will depend upon what the facts are, what evidences you/ the other party shows ( which is accepted by Court ) and the Judge's assessment. Take advise of a competent local lawyer with full facts.
T. Kalaiselvan, Advocate (Advocate) 24 December 2014
Your same query posted in another thread was properly addressed and advised by many experts including me. You may visit that thread for more answers.