Mess In Aunt's Life

This is a matter best handled by a competent attorney. Don't rely on internet forums.

 

In whose name is the property ? If your mother is the sole owner then she has full legal rights over the property during her lifetime. If she is co owner too, her share remains hers upon divorce. But if she supercedes your father in death, and does not have a legally registered will then he and you are legally entitled to an equal share of her assets (Class 1 heirs). I have not factored in any grandchildren.

I assume that all of these questions arise because I suspect that your mother is not the part or sole owner of any property. If she divorces, by law she is entitled to alimony. Upon death any divorce settlement or alimony is her child/legal heir's to keep and your father has no right over it. But if she merely relocates to her child's home and if she passes away then the father continues to be sole owner of his estate. After the mother's death or after divorce if the father remarries then after his death and without a will, his new wife/live in partner is entitled to a share automatically.

If the other woman has a child with your father while he is is legally married to your mother (not child's biological mother), the child is illegitimate by law and therefore not automatically entitled to the father's self earned property.But such a child is indeed entitled to ancestral property. If instead the child is born after the man's legal wife (your mother) passes away or after divorce then that child is a legal heir (class 1) and is entitled to a share equal to you (class 1). If the child's mother is legally wed to your father at the time of birth then that woman is also a class 1 heir and also gets a share equal to you and her own child (also class 1 heirs).

If your father, in his lifetime, transfers or gifts self earned property to his new wife or even mistress, there is nothing anybody can do about it - not even legal heirs. As a legal heir you and any illegitimate child of his are automatically entitled to only ancestral property. You can challenge any move that denies you your fair share of ancestral property. But cannot challenge if your father chooses to not leave you any inheritance from his self earned property.

Getting him to sign a will is also useless in that it can be easily changed at any time. But it can be especially useful if your own father is of frail health and he may not be expected to live past 5 years or so. Having a will is definitely useful if his intention is final and he wants it adhered to. But if there is a possibility of new spouses or child(ren) then there is every possibility that his new wife or mistress may influence him to modify the will regarding his self earned property and there is little you can do about it.

Speak to your father (actually it is your mom who should be initiating a conversation) but it is unlikely you are going to be able to shame him into giving up the affair. There is a possibility of stemming this affair using a backdoor approach - by quietly letting the woman's husband know about this affair. But the bread crumbs better not lead to you. The catch with this approach though is that it may trigger her divorce leading her to become a free agent who can legally live with your father the minute he is divorced or widowed. This approach may only work if there is evidence that such a leak can create circumstances that can embarrass her from continuing her affair. So the only viable approach is actually some indirect, social maneuvers.

Overall, your best bet is to keep your mother in her home, maybe transfer jewels in her possession over to you (as a gift) & most importantly avoid a divorce. Avoiding a divorce will prevent new legal heirs via third parties from cropping up during her lifetime. If your mother's death is imminent, you can also talk openly about your inheritance concerns with your father and request him to gift you/your kids part of your inheritance upfront.

You just need to wait this out and maybe in due course the other woman's life with her husband will have solidified more strongly making it hard for her to get with your dad legally. In the meantime try & nurse your mom back to health to ensure her longevity.

These are pretty much your options. But best to consult a lawyer.

 

Edit - One minor change. In my opinion if your mother can transfer 50% of marital assets in her name during her lifetime (and then gift it to you in her lifetime) OR if it is possible to negotiate a divorce settlement whereby she gets 50% of combined assets, then a divorce will a more viable option as you will automatically inherit her 50% share and as your father's legal heir you stand a good chance of inheriting his estate as well (unless he decides otherwise). At the very least you will be assured 50% of assets via your mother.

If such a move is not feasible, then it may be better to retain status quo as I suggested earlier.

 

Hi Avi,

Technically this is between your aunt and uncle. You cousin shouldn't get involved. Its justified partly since her mom is bedridden. She cannot control anything about this situation. About inheriting property, she could consult a lawyer and get an opinion. Maybe she and her mom can get a settlement figured out with the help of a lawyer.

She says she is 100% sure but not able to collect evidence. It might help if she puts some effort into that.

Good luck.

 

Hi, you itself told she(SM) is having illegal relationships, then that's the answer to the question......... There wont be any problem with the properties..... Only thing will be the money part..... YOUR uncle can give away his money to her..... Like his retirement benefits etc....... But if anything happens to your aunt there will be lot of commotion, that illegal lady will acts as a legal wife then.... Suppose if your uncle married her after your aunt (sorry to repeat this), there will be big problem to your cousin......... Anyway legal advice is much needed to them now........ Try to avoid their meeting by asking your uncle to get transfer to some other city....... Because legal procedures will be tough