Legal Question in Wills and Trusts in India
My mother got married in 1981. She has gone through emotional / physical torture at inlaws place. In a couple of months, she finally decided and returned to her maternal home and informed her parents and brothers about all the tortures. They stood by her but in the same month she got to know that she was pregnant. She was reluctant to go back and decided that she would study further and earn to support her child. And undoubtedly, she did. I am her daughter (born in 1982) and I am proud of her. She has sacrificed everything in her life to give me best in life and even she has never accepted any marriage proposal. In all these year, when my father got to know about a child, he tried everything to get me but my mother never allowed him to even see my face.
I got married in 2012. After a year i.e in 2013, my father got our home address from some source and contacted my mother. He apologized for whatever happened and deadly requested my mother to allow him to meet me as his last life wish and so she gave the permission. First He spoke to me over phone and then he invited me and my mother to his place which we did.
There I got to know that my father is married to other woman [in 1989 appx] and he doesn�t have any child from her. He has 2 brothers [younger to him] [married].
After our visit, I got a call from my father�s youngest brother. He was very rude over phone like why the hell now you are spoiling our life. Don�t dare to come again and other such stuff. I was shocked to hear such thing as it was not us who contacted but it was my father who wanted us to go to his home for atleast one time.
I spoke to my father about this and got to know that they are feeling insure about my father�s property and that�s the reason they don�t want us to keep a relation. I am not interested in father�s property. Even I never ever thought about it. I told my father not to inform my mother as she will feel bad about this.
After this I have decided not to talk to my father anymore. But my father was in touch with my mother on phone. But I never dared to inform or suggest my mother not to talk to him. I thought its her life and she has right to do whatever she feels like.
But After some days, the same guy messaged my mother about the same thing. And badly insulted her over the phone and utters slang for her. That day she called me and informed about this. She was crying her heart out.
I don�t understand one thing. Who gave him such right to speak to my mummy like this? Now I decided to fight about this. I want my mother�s respect back and now I have decided to claim for my father�s property. Now I don�t want my father�s brothers get a single rupee.
My mother doesn't have marriage certificate but we have her marriage pictures and there is no legal divorce happened ever. Medically We can prove that I am her daughter. And one more thing, without taking legal divorce, he is married to other woman.
Please advise me what kinds of right me and my mother have. And how strongly we can fight about property. What if my father has already made a will on his brothers and brothers' children name and not mentioned my name??
Anuradha.
1 Answer from Attorneys
Dear Client
First try to find out whether any Will has been made by your father or not. Secondly, Since its your father self acquired property, no one can claim any share in his life time. Proving the first marriage and paternity is not difficult. Also you can put your father behind bar for bigamy. But these are useless. Yes, if you want to proceed with your uncle for the act, you can give a police complaint. Contact for detail.
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