Legal heir certificate

C.NOWSHAD (Querist) 03 January 2012 This query is : Resolved
Mr.A, his wife B and 2 children are living togather. Mr.A fell into sick and B left the family and married another person even without getting divorce from Mr.A. Later Mr.A died. after few years, one of the child of Mr.A applies for legal heirship certificate from concern authority. they refuse to issue the said certificate for want of proper evidence. now that child want to approach the court for an appropriate direction to the concerned authority to issue legal heir certificate.
my doubt is whether B should be included as a legal heir..? B left Mr.A and married another and living with him even before the death of Mr.A....
kindly help me to advice my client...(am for one of the child)

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ajay sethi (Expert) 03 January 2012
B is still the legally wedded wife of A . no diovrce was obtained by A or B

B would be a legal heir

Devajyoti Barman (Expert) 04 January 2012
Yes the illegal marriage of B does not disentitle her to inherit the property if A dies intestate.

V R SHROFF (Expert) 04 January 2012
B IS LEGAL HEIR OF A

as not divorced.

prabhakar singh (Expert) 04 January 2012
I agree as all are correct.

C.NOWSHAD (Querist) 04 January 2012
what about B's children on the new marriage,,?

Sailesh Kumar Shah (Expert) 05 January 2012
Q.what about B's children on the new marriage,,?

Ans.He have no right.

M/s. Y-not legal services (Expert) 05 January 2012
am also agree with experts..

-tom-

Raj Kumar Makkad (Expert) 08 January 2012
B is legal heir of A in the given case and he can very well get the desired certificate as per procedure already told.

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