succession
ganesh
(Querist) 21 December 2010
This query is : Resolved
a man, since deceased had two wives. the 1st wife was insane. she had no issues. but 2nd wife had issues. now the sons of 2nd wife applied for legal heir certificate to tasildhar. but the tasildhar refuses to give legal heir certificate as such the existence of two wives and directed them to aproach the court. now what is the procedure to obtain the legal heir certificate and how fee should be calculated.
Devajyoti Barman
(Expert) 21 December 2010
The sons of the second wife though illegitimate can inherit their father.
Khaleel Ahmed Mohammed
(Expert) 21 December 2010
For your kind information Thahsildars are not entitle to issue legal heir certificates to any one. Thahsildars can issue family member certificate. To get legal heir or succession certificate , you have to approach court.
s.subramanian
(Expert) 22 December 2010
I support the view of Mr.Khaleel. The second wife cannot claim as the legal heir whereas the children born through her can claim to be the legal heirs of the deceased under Sec.16 of the Hindu Marriage Act,1955.
G. ARAVINTHAN
(Expert) 22 December 2010
Tahsildar is not correct. He have to give legal heir certificate to first wife and all children, irrespective of legitimate/ illegitimate
Srinivas.B.S.S.T
(Expert) 22 December 2010
You have to file an OP seeking issuance of succession certificate, for that you have to declare the value of the properties and CF will be calculated upon such value.
Y V Vishweshwar Rao
(Expert) 22 December 2010
I agree with Lrd Friends !
In the Circumstances mentioned above it is better to file civil Suit for partition of the properties impleading First Wife and Second Wife & her children as parties to the Suit- for partition !
Pritam Saini, Advocate
(Expert) 23 December 2010
son of second wife is entittled share in self acquired property only.
