- This topic has 14 replies, 6 voices, and was last updated 1 year, 3 months ago by
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UOk so I’ll keep it straight. When I was 3, there was some dispute between my parents as my father was asking for more dowry despite been born in an affluent family. After a few back and forth visits to the court, my parents separated. Although they’re not legally divorced, my mother gave him written permission to remarry as per his demand.
It’s been 25+ years ever since. My father does visit us every 6-7 years for a day and never talks about his whereabouts nor does he share his phone number/current job or business. He has ghosted us pretty much.
Of a family of four, he is the eldest son and I’m his son making me the eldest son of the eldest son. For all the mental agony this has brought to us, am I eligible for a compensation or a share in his property and other stuff? If I’m the apparent heir, what are my options?
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UIf there has been no divorce involved and just a separation then you’ll be the legitimate legal heir and based on your religion any children outside of his marrige (ie) illegitimate children may or may not be the legal heir as well
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UHow do I proceed with this? I don’t know his whereabouts or anything, but I do know the family bungalow address where the family lives. The last time I went there was sometime in 1996 when I was 2 year old. I never saw my grandparents and other family members after that.
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UOkay so you can get a legal heir certificate only when your father unfortunately passes away. At that time you will need his death certificate, proof of identity and address, proof of birth for yourself and a proof of relationship with the deceased. After getting this certificate you can contest that you are the heir to his assets
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UTry applying for a legal heir certificate. I am not sure what documents are required, but you can consult a local lawyer and finish the job. I did it once and it wasn’t a difficult process
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UThis certificate will be the legally enforceable proof that you are the heir of any deceased person. So after the death of an individual, when any issues regarding their distribution of assets arise, this legal heir certificate will be used to ascertain who is the legally recognized heir for such assets.
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SAs a son, you hold a birthright to ancestral property under the Hindu Succession Act, 1956 (amended in 2005). This right cannot be revoked, even if your father abandoned the family.
Your father has full discretion to will self-acquired property to anyone. If he dies without a will (intestate), you are a Class I legal heir and entitled to an equal share alongside other heirs (mother, siblings).
If he created a will excluding you, you can challenge it in court only if you can prove undue influence, fraud, or lack of testamentary capacity.
Your mother may have claims for past maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the earlier Section 125 of the CrPC, but this is separate from property rights.
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