• Share of illegal wife or his illegal children

Hello Sir,

My father is no more and was expired few years back and I am the only daughter(unmarried) of my mother. Also, my father had kept a keep/illegal wife and she has two sons & 2 daughters, out of which one girl has got married. Myself and my mother lives with grandmother & grandfather since starting(after getting married). My grandmother & grandfather also expired and they have one self constructed owned house in the form of their property in which there is a share/part for my father and his two brothers & 1 sister. So, I would like to know that, will there be any chance of claiming this property by my father's illegal wife or his illegal children?
Asked 10 years ago in Property Law

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4 Answers

Hi, after the death of your father illegitimate sons and daughters has right over the property of your father not during his life time.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

i presume your father died intestate ie without any will . in such a case the following would be legal heirs your mother , you and 5 children of his mistress . in other words you will have 1/7th share in your father property .

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

ur fathers children from her keep/another wife are entitled to share in the property alongwith u (please note that ur fathers keep/another wife is not at all entitled to anything

Kisen Kumar Agarwal
Advocate, Kadi
10 Answers
2 Consultations

If the house was constructed by your grand father out of his own earnings then it qualifies in law to be his self purchased property. Now if your grand father died without making a will then his property will vest equally in his children. To put it succinctly, this property belonged equally to your father, his two brothers and sister. After the death of your father it belongs equally to your father's siblings and you, your mother, your father's mistress and children of mistress as a whole.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

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