Legal heir
vijay
(Querist) 04 January 2018
This query is : Resolved
Husband name-subramani,wife name-rema,both married in 2009./and subramani dead in 2013/.rema remarried another person in 2016/. subramani father dead in 2005./subramani mother alive 76 year old./subramani having youger sister alive/subrami having ancestor property/now rema is claiming she is not remarried ,,,we are having
remarriage invitation/receipt of payment to marriage hall which is not signed by rema father/
subramani mother applied for legal heir certificate,,,rema father came to known about his,,,,rema father send legal notice and filed case against subramani mother,thasilar,and district colletor....for legal heirship,,,,
1)what are the remarriage evidence to collect which will be accepted by judge,,,?
2)can parallel enquiry and order can be passed by thasidar ?
3)how long it will take for judgement for heirship certificaate,?since subramani mother is very old.
4)can we file another new case against rema,rema new huband,new husband father,new husband mother as respondent?
P. Venu
(Expert) 05 January 2018
The question is whether Rema is remarried or otherwise? This is a question of fact, not necessarily of records. If the remarriage has taken place, there would certainly guests who would have witnessed the marriage, it would have been registered formally or informally and all the more, she would at present be staying with her second husband.
Furthermore, what do you mean by "subramani having ancestral property"? Please post complete information.
However, the property, if any, of Subamani has been jointly inherited by the Class I heirs viz. the wife, the mother and the children(if any). Subsequent marriage would not entitle Rema of the property which Rema has so inherited.
Dr J C Vashista
(Expert) 05 January 2018
Examination hall question paper, consult your tutor.
vijay
(Querist) 08 January 2018
Subramani and prema has no children,,,,,what are the evidence to collect to prove 2 marriage,which will be accepted
by court of law?
vijay
(Querist) 08 January 2018
no photo of 2 marriage?
kavksatyanarayana
(Expert) 08 January 2018
If P/Rema's 2nd marriage is registered under Hindu/Special/Christian Marriage Act, then you may obtain the certified copy of marriage extract for evidence or the invitees who attended the 2nd marriage may give their witness before the court.
