Dear Sir/Madam, I am the only son of my parents and we are Christians (Catholic). My father when I was 27 met a woman who was 26 and he was 52 and had illicit relationship with her. He was still married to my mother until last year when my mother was was 78 passed away. He is 76 and he has 2 children from his illicit wife. She is a Hindu. My father acquired most of it through his income, initially my mother did give him some money or piece of land which he used to start his life, but later on he acquired everything through him when he was working abroad. My house was in my mothers name and there is a complex that he has in his name. We also have an apartment which I have my name as secondary and his name as the first person. I never knew this until recently he put his name as first. My mother never wrote a will, and he has now moved into the house. He was never allowed by my mother to step into the house after his affair with that woman. So, after my mothers death he has moved into the house. He wrote a WILL for the Complex many years that it will go to me. I do not know whether that has changed. My mothers house, he could have asked me to legally convert it to my name and I am not in India and in USA. Unfortunately, this guy does not open his mouth and say that he wants to change anything now. He is saying after my death, prove it to the court and take all the assets. The only thing he is trying to do now is that he is applying for a legal heir for my mothers house I think. How can I trust this guy? After his death what guarantee is there, that the other lady and her children won't come and fight for it. As per the new law they are also eligible correct? Unless, he has clearly written anything that it belongs to me, how will this be possible? I have told my father, that he never gave us peace of mind for 24 years while he is alive, and now after he is gone also he is going to leave us with problems. A good man would change it to the sons name if he really was interested in doing any good, but I do not think so that he has. I am not sure what to do at this point of time. I am in the US who left the house because of this 24 years back and only came to visit my mother. I never wanted to see this guy at all. But, now this is the state it is. What advice would you all give?
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1)since it is self acquired property of your father he can bequeath it to whomsoeverhe pleases
2) on father death intestate you and your step brothers would have equal share in properties standing in father name
3) since your father has not married his mistress she would not ha e any share in property
4) if your father married her on your mother demise she would also have share in father property
1. It appears that your father wants to inherit 50% share of your mother's house legally for which he is trying to obtain the legal heir certificate.Since your mother has demised intestate, you and your father will equally inherit your mother's property.
2. You stated that you are the joint title holder of the house along with your father for which you are the owner of 50% share of the house.
3. Your father can execute a will or register a gift deed conveying title of shares of all the properties held by him in favour of anybody he feels like including your step brothers.
4. In case of the death of your father intestate, his property will be equally inherited by all his sons including his illegitimate sons.
5. His illegally married wife will have no share of his property in case of his death intestate.
Though you have stayed away from the country for more than 24 years, you still need the property here in India(?);
Well, until your father is not transferring the porperty by executing a settlement or gift deed in your favor, you may not be eligible to get the entire property.
The Will may also be contested by the other party and you may not get even your legitimate share a the right time if the contest the will.
