• Self-Earned Property and Illegitimate children

My father had an affair at 53 when I was 26 and the girl was same as my age. I left the house after I found out that he was having an affair and was cheating on my mother. I worked my ass off and somehow survived and came up in my life and supported my family and my children.In the meantime, the woman I was married to also was a torture, so I divorced her after 12 year of marriage. Now, I am 53 and he is 79. Initially, he had written the house in my mothers name which he had built. He has a shopping complex next to it which will also sell for a good price, but he has it in his name. My mother passed away three years back. After my mother passed away it looks like she did not leave a WILL, so he wrote a WILL or registered it and he only plans to give that to me but he has not even sent that registered WILL to me and he holds it He showed it to me once, when I went there after my mothers death, as I do not live in India.

I was the only son and I had all this for myself, which I wanted to give it to my 3 children and keep for myself something so I could live comfortably after working for almost 27 years. Unfortunately, now this man has become so greedy, that he would not even want to talk about anything. He does not want to talk about his death or what will happen after his death. He has been having a dispute with me about giving his other children. I told him to give 25 L each as he has also provide that other woman a house. So 50 L plus that house which will go for 3C. He is now wanting to give more to them, since he has a daughter and son. 

It came to a point, where I was mentally abused and tortured by this man for these 27 years and my mother died of same abuse and torture living there and finally she died he made her mental. He is trying to do the same to me, by driving me crazy, due to which I am unable to concentrate on my job or perform my duties. I had been through tought times in my life with a divorce also and I lost a lot of money, I thought atleast I have his money which he gives will help me for my old age to support myself as I live on pay check to pay check. This man has enough property and cash in his bank that he did not even want to spend money to take care of my mother and treat her at the hospital and instead let her die. It is a long story, but how can I handle this situation. We are a Christian family. I am not sure what problems that woman and her children would create after his death. I am still confused, as I do not have enough money to figh them or support myself by leaving my job to fight this after his death. One, I have to let it go and leave it or I have to fight for it. I already lost more thank 100K USD on lawyers and court cases with my divorce and also I gave her a lot of money during the divorce. I also have been paying child support for the last 18 years and I just finished and I do not have any money saved and only have debt of around 50K USD. I am not sure how I can handle this situation and this man
Asked 6 months ago in Property Law
Religion: Christian

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11 Answers

You don't have any option rather to fight for your rights. You need to spend the same in contesting or initiating proper legal recourse for yourself

Prashant Nayak
Advocate, Mumbai
19717 Answers
36 Consultations

4.4 on 5.0

On your father demise your step mother , you and your siblings would have  share in his self acquired property 


2) your father can execute will bequeathing his property to whom soever he pleases 


3) you cannot during father lifetime claim any share in his property 

Ajay Sethi
Advocate, Mumbai
75887 Answers
4536 Consultations

5.0 on 5.0


As regards to your father's property, it is suggested that your father can dispose of the property which is self acquired by him but you may claim the share in property, In the present circumstances, you are suggested to consult some local/relative who may negotiate between you and your father and take out some solution. The second lady may not have legal rights but the children born out of her may claim share in property of your father. 

Ganesh Singh
Advocate, NEW DELHI
4968 Answers
9 Consultations

4.5 on 5.0

First, you can have registered WILL on your name Or gift the property or do partition of the property. By talking to sweet to him and come to conclusion as of now when situations are on heat . 

Ganesh Kadam
Advocate, Pune
10162 Answers
91 Consultations

4.9 on 5.0

See it is self acquired property of your father you cannot force him to give same to you, he is absolute owner of same in his life. In case of his demise without will all legal heirs including the children from second lady shall have equal rights in case there is will the property shall be distributed as per the will. As of now you cannot do anything you can just maintain the cordial relationship with your father so he writes his will in your favor.  

Shubham Jhajharia
Advocate, Ahmedabad
24929 Answers
99 Consultations

5.0 on 5.0

You cannot legally claim any share out of your father's properties or his wealth or any money from his bank savings or FDs as a right, at least not during his lifetime.

If he is passing away without making any Will or any arrangement towards the properties on his name, then automatically his successors in interest shall be entitled to succeed them in the ratio and proportion as prescribed in Indian Succession act.

You being a successor or a legal heir, can then claim your legitimate share in the properties left behind by him but now you cannot ask him anything as a right.

If he is spending on them then it is his right or will and wish or desire which cannot be avoided or restricted.

You cannot hold him responsible for your financial debacles, neither you can ask him to compensate or make good the financial loss you suffered for which he may not be responsible.

T Kalaiselvan
Advocate, Vellore
65860 Answers
860 Consultations

5.0 on 5.0

1. You have equally inherited your mother's house with your father which you can claim by filing a partition suit. Your father can not execute a will in connection with the property which stands in the name of your deceased mother and not in the name of your father.


2. However, you have no claim on the properties of your father during his lifetime despite the fact that he did not take care of yourself or your mother.


3. You can claim your share of his properties only after his demise intestate.


4. It will be prudent on your part to maintain cordial relationship with your father and accept whatever he gives you now, in your own interest. 



Krishna Kishore Ganguly
Advocate, Kolkata
24274 Answers
670 Consultations

5.0 on 5.0

1. Under Indian Laws, the legitimate & illegitimate children have EQUAL share in Father's property, BUT only when Father dies intestate (without making a WILL)  WILL document can be changed a number of times and only the last will is legally final.

2. Further, IF property was "self-acquired" by Father with his own sources of income, THEN irrespective of any criteria, the Father is legally entitled to Sell /Gift /Donate /Mortgage /whatever .... his property without any legal reference to any of his legitimate & illegitimate children. (illegitimate children are legally entitled to biological Father's property).  Children as an matter of "inherent right" CANNOT claim on living Father's properties.

3. Claim on Father's property is possible, IF it can be proved that Father is under threat /coercion /mental instability ....

Hemant Agarwal
Advocate, Mumbai
4686 Answers
23 Consultations

5.0 on 5.0

1. In this case you can file suit for partition from property of your mother which can only be divided among two legal heirs that is your father and you. 

2. You cannot take any legal action regarding properties of your father till his death if the properties are self acquired by him. 

Mohit Kapoor
Advocate, Rohtak
8721 Answers
3 Consultations

5.0 on 5.0

It is entirely the father’s property and it is upon his wish how he wants to transfer or not transfer it.


Mohammed Mujeeb
Advocate, Hyderabad
16538 Answers
11 Consultations

4.5 on 5.0

Well, in his life time you have no say on his self acquired propertied and he can disinherit you. You cannot demand anything from him as a matter of right. And if there was any WILL, can be cancelled any time in his life time.

So, you have no option except to keep him please if want to success his legacy.

Yogendra Singh Rajawat
Advocate, Jaipur
19394 Answers
25 Consultations

4.5 on 5.0

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