• Illegitimate children - assets - mentally unstable mother

I understand as per Indian law the Illegitimate children also have equal rights to their father's property. My father has 2 illegitimate children through a different woman. I moved out of the country almost 20 years back after he did this and I took care of myself and my family and children and am now in a very stable state.

My mother was manipulated by my father so he could go around doing his crap and have his affair. She never knew until one day she realized that this man had 2 children through a different woman. But it has been almost 20 plus years she has known and she has gone through a lot of difficulties, and was mentally affected. But, he played her against me, that I am the bad person and I was telling all lies and I was after the property and that is why I was doing all this. Even with him doing all this I forgave him after almost 10 years, prior to that I never used to talk to him at all. I brought him to US 3 times and also sent him around to see places and took him around US. Even after what he has done to me and my mom. I tried to forget everything and see how I could be a better person knowing the fact that he was not a good man.

I am trying to establish a business in India and I need the house where my mom stays and also in the building that he owns, he has many vacant places which I want to convert that to service apartments. But, he has been acting weird nowadays where I want to establish something in the building he owns which is in his name and also the house which is in my mother's name. I am not sure what will happen if my mother passes away whether he is going to take that house also and give it to his other children including the building he owns. 

I thought of establishing a bed&breakfast kind of business in my home after my mom passes away but looks like he does not want to respond to me when I am asking him that I would like to set up a business. He goes around telling all his friends that I am greedy and I want everything and I do not want anything to go to his other children. 

I have sent him couple of emails as he does not pick up my calls and told him whether he wants to settle this amicably so that I can start the business but he does not want to reply to my emails. He already has a house constructed for his other children and his other mistress (so called wife). But, on top of that he also sold most of the old properties (houses) we had slowly without my knowledge and not sure what he did with the money. I actually asked him to sell the old houses so that, that money could be invested in a bigger city and the value of the property will be higher. The houses were all in my mother's name, and he said that he is going to sell that and buy something for me and got my mother to sign off on it. He did not tell me how much he sold it for but he gave me some numbers only after I asked him what happened to all those.

My mother is not mentally stable after going through all these struggles and she became ill and she has been traumatized. Moreover, this man goes and tells my mother that I am for the assets and that is why I am trying to do all these things and I am trying to hurt him so that I could take his property. I have never done anything so far, and I have been patient for the last 25 years.  He knows how to manipulate her and how to keep her happy and turn her against me. He has been successful with this for very long time. He says that he has written a WILL and I have seen that, but it is not officially registered in the court or anything. It is just written in stamp papers that’s all and which says, that I have only one son and he is the legitimate person for this. But, with this WILL there is no way I can go and claim anything as those other children are also going to come after he passes away. He says that none of them will come for it, and how is he going to know that whether they will come or not come after he passes away. What we are asking is that ok, if he is really genuine and wants to give me the building and my mother’s house, then I told him you transfer the property to my name, and you enjoy the rental and I will not bother you as I do not need the money and I am self sufficient. And after they pass away I will do whatever I want to do. 

He does not want to transfer the property to my name as I am not sure whether he is scared that after he does that I might kick him out or what and am not sure. Which is not going to happen from my end. But, on the other hand, if he does not do this and he dies, then I will have to deal with the other folks and if they come for the property and start claiming. I am in this dilemma. So, I am not sure what I would be doing.

Moreover, for me I am getting older also and I want to establish some thing for my retirement as I am 50 plus and I thought I will establish this bed & breakfast and invest money in it and start it so that I can go ahead and get some income. Instead of those houses that are empty and not rented out. So, I sent him an email that I would like to establish this and I need to know what his thoughts are and I would like to start it as soon as possible. But, he has not responded to my emails at all. If he was genuinely wanting to give it to me, then why would he hesitate? Moreover, he goes and says to his friends, that HE (Which is Me) wants to take everything and not give anything to the other children and this is my hard earned money and I will do whatever I want., 

So, I am not sure how to proceed with this kind of trauma that he is putting us through without any kind of confirmation from this man. Any suggestions in how to deal with it or how to handle it. Since, this is his self-earned assets and moreover, I have three children also. I thought, I would like to give it to my children after me so that is why I am fighting for it. He has been with this other woman for 25 years and he has raised his other two kids for these many years. I have been away from the house for almost 25 years now because of what he did to us.

Appreciate how I could handle this in a very nice way.
Asked 9 months ago in Property Law from United States
Religion: Christian
1) on your mother demise you and your father would be the legal heirs 

2) the illegitimate children will not have any share in your mother property 

3) as far as property standing in name of father is concerned on his demise I'll legitimate children would have equal share in property 

4) it is your father s elf acquired property he can bequeath it as he pleases 

5) you cannot force your father to permit you to carry on business in building owned by him
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
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1. The only fact material to the dispute is that the property is self acquired of your parents. Your father is free to bequeath his property to anyone he desires including his illegitimate children or even a total stranger by excluding you and your mother from succession. 

2. In so far as the property of your mother is concerned she is free to make a will in your favour which will come into operation only after your lifetime. During her lifetime she may execute a gift deed in your favour to transfer the title to you. You can enter into possession of the property and deny entry to your father after the gift deed is executed. Your father will cease to have any right to claim succession to the property of your mother after the transfer of title to you.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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Basically the properties mentioned by you are either your father's self acquired properties or in your mother's name.
You cannot claim a share in your father's properties during his lifetime and he can dispose his properties as per his own will and wish.
If you have medical certificates to prove that your mother is mentally unstable and she is dependent on somebody for all her needs owing to her mental ill health, you may apply for court guardianship for her and can take care of her properties as a guardian to her.  this will prevent your father from selling her properties on his own.  This is how you can safeguard your mother;s properties. 
T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
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1) it is self acquired property of grand father 

2) during his lifetime sons dont have any share 

3) even on his demise only his children can claim share if he dies intestate 

4) grand children have no share during parents lifetime 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
They have no share in the property of their grandparents during your lifetime. So they cannot sue.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Until it is not ancestral properties, the grandchildren do not become entitled to any share in the said properties hence your idea to file any suit on the pretext of protecting the interests of the grandchildren in the property shall not be a legally valid ground, this effort wold be a waste exercise even if you attempt one on the misguidance of false assurance of any advocate. The position of law is very clear.. 
Thanks for complimenting me and please feel free to call in the event of any legal help fro me at Vellore in this or any other aspect too. I will be glad to assist you to the extent possible by me. 
T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
5.0 on 5.0

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