Varisu certificate for muslim second wife children

Querist : Anonymous (Querist) 29 February 2024 This query is : Resolved
Dear Sir

We are muslims.

My mother is second wife for my father, my father married my mother with the consent of his first wife. We are 5 children for our father born from his second wife.

Tahsildhar says beign children of second wife, show me any examples of prior any certificate issued for second wife children so that it will be easy for me to issue a certificate.

what is the procedure for getting heirship certificate. can anyone guide us.

can anyone help.

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Quick Summary

This discussion concerns the eligibility of children born to a Muslim father's second wife for an heirship certificate. The Tahsildar has requested prior examples of such certificates, and the family is seeking guidance on the procedure. However, it's clarified that a legal heirship certificate is typically issued only for deceased individuals, and inheritance under Muslim law opens after the person's passing. The father's current living status is a key factor in this process.

kavksatyanarayana (Expert) 29 February 2024
As per your query, your father is alive so a legal heir certificate cannot be issued.

T. Kalaiselvan, Advocate (Expert) 01 March 2024
Legal heirship certificate can be given only to the legal heirs of the deceased person.
Your case is that your father is alive, he has two wives living, both the wives are having children out of their wedlock. Besides there is no provision to furnish legal heirship certificate under the above circumstances under Muslim personal law.

P. Venu (Expert) 01 March 2024
In the strict legal sense, there is no power vested with the Tahsildar to issue legal heir certificate.

However, you are yet to clarify whether your father is alive. Under Muslim law, inheritance opens up only after the lifetime the person concerned.

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