Legal heir certificate for son of second wife

This query is : Resolved 
 


Querist : Anonymous (Querist)
20 January 2020

Hello ,

My mother was second wife to my father.
She was government employee.
She expired without a WILL and left a house.
I am her son how to get legal heir certificate?
Is this has to go through Court to get legal heir certificate?
Does my father can get any share from my mother house , since she is second wife to him. ( house purchased by mother through her own salary).


Sb Karma (Expert)
20 January 2020

you need to disclosed more information.....
*2nd wife is not valid status in hindu marriage.
**if it was valid then you need to get connected by mother not need father connection.
***you can get heir certificate by local court.
****and yes your father can't take your mother property,if it was build by your mother.

So first disclose legal status of 2nd wife.....was there any divorce..or local norm allowed 2nd wife.
So get assist with local lawyer with all documents.


Querist : Anonymous (Querist)
20 January 2020

There was no divorce , infact my father is staying with his first wife now.

Raj Kumar Makkad (Expert)
20 January 2020

As your father had performed second marriage with your mother while his first wife was alive and there was no divorce with her so the second marriage is void-ab-initio means illegal but you have not told whether you had born to you mother prior to her marriage with the person you are telling.

As the second marriage of your father with your mother was illegal hence he has got no right, title or interest over the self acquired properties left by your mother and you are exclusive owner of all those properties.

Raj Kumar Makkad (Expert)
20 January 2020

As your father had performed second marriage with your mother while his first wife was alive and there was no divorce with her so the second marriage is void-ab-initio means illegal but you have not told whether you had born to you mother prior to her marriage with the person you are telling.

As the second marriage of your father with your mother was illegal hence he has got no right, title or interest over the self acquired properties left by your mother and you are exclusive owner of all those properties.

SHIRISH PAWAR, 7738990900 (Expert)
20 January 2020

Dear sir,

You have to get legal heirship certificate from court. Your father will not have any share in your mother's property and you are the only legal heir to your mother.

Regards,

Shailesh Kr. Shah (Expert)
20 January 2020

I do agree with the experts.

kavksatyanarayana (Expert)
20 January 2020

Get the legal heir certificate from Tahsildar concerned. I opine, your father without divorce to his first wife married your mother comes illegal. so your mother's property will devolve to you and if any other children to your mother.

P. Venu (Expert)
20 January 2020

Any suggestion depends upon the law governing marriage in your community. No definite answer is possible since you have chosen to remain anonymous.


Querist : Anonymous (Querist)
20 January 2020

I am from Hindu community, and my mother also

Raj Kumar Makkad (Expert)
20 January 2020

My reply has been given treating you as Hindu.

Dr J C Vashista (Expert)
21 January 2020

You have not disclosed your identity and religion.
Whether your father is Hindu ?
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, professional guidance and necessary proceeding.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
29 January 2020

Whether your mother is second or first wife, since she is legally married to your father and has marriage has been recognised and recorded in her service records she becomes the legally wedded wife of your father.
Upon her intestate death the properties left behind by her shall devolve on her legal heirs consisting her children and husband.
Thus your father is entitled to a rightful share in her property.
To obtain the legal heirship certificate you can approach the local Tehsildar office with an application and a copy of the death certificate and list of legal heirs, request for legal heirship certificate after complying with further formalities as is instructed by the authority.
You may take the assistance of any advocate if you are not able to proceed properly

P. Venu (Expert)
29 January 2020

In my considered view, the mere entry in the service records cannot render the bigamous marriage, which is a criminal offence, valid in the eyes of the Law. Apply for the legal heir certificate excluding the name of your father. If he files any objection, bring the legal issues to the notice of the authorities concerned.



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