Legal heir certificate

Srividya (Querist) 05 April 2016 This query is : Resolved
My father passed away recently. He got divorced from his first wife thro court. She got divorced without any issues. My mother is second wife. While applying for heir certificate, should v produce death certificate if she is dead? Pls advice

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Devajyoti Barman (Expert) 06 April 2016
If his second wife is alive then she is entitled to share in property. If she had died but has children out of wedlock with your father then the children are also entitled to share in property in equal share.

Kumar Doab (Expert) 06 April 2016
This query is also posted at:

http://www.lawyersclubindia.com/experts/Legal-heir-certificate--592486.asp#.VwTw05wrLIU

If the father has died without leaving a valid WILL then if mother of the father is also alive then the mother and second wife and children from second wife shall share the estate equally.

It has been believed that you are Hindu.

Rajendra K Goyal (Expert) 06 April 2016
children of second wife and second wife (if alive) would inherit the property along with the children of divorced first wife from the deceased father.

Rajendra K Goyal (Expert) 06 April 2016
Whether divorced first wife is dead? If so, She was divorced through court, her name / death certificate need not be submitted while applying for legal heir certificate.

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