Doubt about legal heir

karthick (Querist) 02 April 2012 This query is : Resolved
one person died leaving behind two wives, if they can get the legal heir certificate is it possible

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M.Sheik Mohammed Ali (Expert) 02 April 2012
if legally married both wives, then their legal heirs can get certificate.

Rajeev Kumar (Expert) 02 April 2012
What is their religion. In hindu marriage act second marriage is null and void during the lifetime of first wife. If the second marriage is solemnized prior to the enactment of hindu marriage act then is valid.

V R SHROFF (Expert) 02 April 2012
if married before 1955: Yes
Later, only 1st wife.
Children of both wives get equal rights.

Nadeem Qureshi (Expert) 02 April 2012
I agree with experts

Deepak Nair (Expert) 02 April 2012
You are correctly advised by Mr.Shroff.

SAINATH DEVALLA (Expert) 02 April 2012
Dear Karthik,

Only the first wife and her children and the children of second wife will be treated as legal heirs.Only maintenance can be provided to the second wife.Another important point to be noted here is,has the first wife given her consent for the second marriage.If officially she had given her consent,then the second wife also becomes eligible.

Rasik Dagli (Expert) 03 April 2012
If both are legally married wives, they can be legal heirs.
RASIK DAGLI
Advocate.

SAINATH DEVALLA (Expert) 04 April 2012
No Mr.Dagli, your answer pertains to Muslim Marriage Act only.

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