My mother wedded Krishna through the arranged marriage (marriage invitation available) on the 16th of June 1988. I was born on 14th July 1989, my father died on 13th April 1993. When I approached Thasildar for issuing a legal heir certificate he stated already it is given to Kannammaa and his daughters. Later I came to know that they got a certificate through the court order (ex parte) in this case that added my mother's name as a respondent but they did not mention my name. According to sources around my native place, Krisha has a concubine before the wedding of my mother. On the 9th of May, 1988 exactly one month before my mother's marriage she registered their marriage at the sub registrar's office. So it was preplanned. Now Kannamma's advocate said You are the only heir of Krishna and your mother will not be a legal heir. What should I Do? Please help me to sort out this issue.
As per your query it is understood that you need information regarding the legal heir certificate.
So basically, in your case you are the child of second wife. The second marriage is not valid and it is illegal if the first wife is still alive or if divorce has not been granted.
When the person governed by the provisions of Hindu Marriage Act, has married the second time and the second marriage is null and void, the second wife in such a situation has no right to inherit any property of her husband.
In case, the second marriage is a valid marriage, children born out of this wedlock share equally with the children of the first wife.
Even if the second marriage is void or voidable under the Hindu Marriage Act, the children of the second marriage are considered as legitimate children, and they have a right to inherit from the property of their father.
However, under section 16 of the Hindu Marriage Act, such children have a right to inherit the property of their parents alone.
They can inherit the property of their father, whether self-acquired or ancestral but not the ancestral joint family properties. It implies that they cannot inherit ancestral property other than the share of their father in the ancestral property.
The law says that the children of the second wife have equal rights as the children of the first wife on their father’s (self-acquired and ancestral) property.
The lawyer is absolutely right and only you have the right in your father’s property and not your mother.
Hope it helps!
Regards,
Anusha Singh
