Legal Question in Family Law in India

My mother passed away & has left a will declaring her legal heir as me & my sister (for both movable & immovable properties; acquired & to be acquired).

Our father got separated from us since a long time after an extramarital affair. But he was not officially divorced by my mother. He also has a child now with that person (I'm not sure if they're officially married though). He was in touch with our family throughout this time though he never stayed with us. This state of affairs has continued for atleast 15 years.

Now according to the Registered Will we had applied disbursements from my mother's office but they have told us that our father is also a legal heir since my mother & my father were not officially divorced, in spite of the will. And that we might have to contest this in court. Are there any chances that court could still rule this our father's favour? (this is confirmed that he has a child with this lady). The query is only regarding movable property & office benefits (example pension). We've been advised to get a succession certificate but we are not sure whether our father will agree to our claim. Any other alternative through which we could directly claim the benefits? We are of Hindu religion.

Thank you.


Asked on 4/10/17, 12:39 am

1 Answer from Attorneys

There is no requirement of agreement or non agreement of your father. If the property both movable or immovable property is self acquired property her then the same shall be governed by her "WILL". so for probate or succession certificate from court.

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Answered on 4/10/17, 10:40 am


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