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Ms R Rajalakshmi   15 October 2025

Documents to support for legal heir

I'm a divorcee and married 2nd time in presence of friends and family members. We haven't registered our marriage and have not updated family card. Due to sickness my husband passed away. How can I apply for legal heir. My husband doesn't have parents or siblings. How should I proceed further



 6 Replies

Monish Rizvi   15 October 2025

First, apply for your husband’s death certificate. Then, get a letter written on the letterhead of the local Parshad (councilor) stating that you and your husband were legally married, that your husband has passed away, and that you are his legal heir. After that, apply for the Varisan Certificate (legal heir certificate) at the Tehsil office. Once you obtain it, your name will be added to your husband’s immovable property as his legal heir. Along with this, you can also apply for a Succession Certificate before the DM/SDM.

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     15 October 2025

First apply for the death certificate of your husband then go to nagarpalika and move one application for getting the relationship certificate which nagarpalika will send to DM office and futher it will reach to your area lekhpal he will visit your place and enquire and will issue the relationship certificate on the basis of which you can apply for automatic succession (वारासत) on all his assets rural and city both

Bank might ask for succession certificate for which you can file suit in civil court 

T. Kalaiselvan, Advocate (Advocate)     16 October 2025

Even though your second marriage was not registered, you have evidence to prove your marriage  viz., an invitation card or marriage photographs or any other documentary evidence.

Therefore you first apply for death certificate and then you submit an application to the jurisdictional Tahsildar seeking legal heirship certificate.

Once you get that you can get the properties transferred to your name.

If the Tehsildar is not entertaining your application for legal heirship certificate, you can approach court with a civil suit for declaration and mandatory injunction for declaring your marriage with him as valid on the basis of the documentary evidences available with you and to direct the Tehsildar to issue a legal  heriship certificate  considering you as the legal heir to your deceased husband.

1 Like

Dr. J C Vashista (Advocate )     16 October 2025

Collect all marriage evidence(s) and death certificate of your husband, then apply for legal heir certificate from area Tehsildar/ SDM.

P. Venu (Advocate)     16 October 2025

How long was the second 'marriage' and co-habitation?? Were you being accepted as married couple by the Society?

Are you in possession/occupation of the late husband? Is there any dispute or any claim adverse to your possession/occupation?

Shashi Dhara   19 October 2025

Collect all marriage documents such as marriage invitation card, place, photos, videoz of😂marriage, adhar card, ration card if any mentionig as wife along with death certificate of husband with g tree and submit it concerned authorities.


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