My mother died about 15 years ago. Since then, my father lives with his partner, although they are not married. My father died recently but left a will to divide all his property between my sister and me. My father’s partner is now challenging the will and claiming her share of the assets apart from the house where she and my father lived. What can be done in this situation?
My mother died about 15 years ago. Since then, my father lives with his partner, although they are not married. My father died recently but left a will to divide all his property between my sister and me. My father’s partner is now challenging the will and claiming her share of the assets apart from the house where she and my father lived. What can be done in this situation?
-Name withheld by request
-Name withheld by request
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Over the past few years, on a case-by-case basis, the Supreme Court has recognized the concept of live-in relationships and enumerated certain rights of people in such relationships. In some cases, the Supreme Court has ruled that children born to partners in live-in relationships can be considered legitimate. But there is no formal legislation about it. Therefore, the rights of a female partner in a live-in relationship with respect to her male partner’s estate are still vague and unclear.
Regarding the challenge by your father’s live-in-partner, the competent court has to decide whether she is entitled to participate and contest the onus of proving that the will is not genuine or not in a probate proceeding.
You can contest her claim to any rights over the house. However, a live-in partner’s burden of proving the claim with corroborating evidence must be investigated by the court. This is where in the court proceedings, the live-in spouse has to justify and prove her claim for a share in the house property beyond reasonable doubt.
My wife and I are joint owners of a property. My wife, however, died intestate, leaving all property to me and her sister, and leaving no heir. Is my wife’s sister entitled to my wife’s properties even though she is a foreign national and is the intestate’s preferred heir?
-Name withheld by request
After the death of a person there are two ways of disposing of his property to his legal heirs. When a person dies without leaving a will, the rules of intestate succession apply. When a person dies leaving a Will, the property is distributed to the named beneficiaries as per the bequest/bequest under the Will.
Here it is assumed that your wife has left a will. If the will is natural and genuine in the opinion of the court, your wife’s sister is entitled to the bequeathed property regardless of whether she is a foreign national.
The term ‘preferential heir’ has not been defined or explained in any law of India relating to succession. However, the Hindu Succession Act provides for Class I and Class II heirs that the deceased’s estate is distributed among them upon his or her death. Class II heirs shall not be entitled to any part of the deceased’s estate if any such Class-I heirs exist at that time. Therefore, Class-I heirs have priority over Class-II heirs under the provisions of the Hindu Succession Act.
Aradhana Bhansali, Partner, Rajini Associates