Anand 24 August 2015

Legal heirship certificate

Sir

My father died four months ago.My mother died long back and father got remarried some 7 years ago. He has no children in my step mother. His remarriage was solemnised in a temple but was not legally registered. I've obtained his death certificate and about to apply for Legal Heirship certificate as well. My doubt is whether I should include my stepmother also as an heir along with me and my younger brother or not? Has she got a legal claim over the fixed deposits in banks as she is the nominee in them? Waiting for the reply in anticipation....
Thanks in advance.

Anand

Chammanur

Via Punnayurkulam

Thrissur Kerala

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3 Replies

(Guest)

u/s 8 (5) of hindu marriage act, registration is not mandatory. if your fathers second marriage has its witness then your stepmother may claim property.

https://indiankanoon.org/doc/774980/

it will be better you obtain a no objection certificate from your step mother.

saravanan s (legal advisor) 24 August 2015

yes your step mother along with the mother of your father (if alive) and children are class 1 legal heirs for the deceased.so their names need to be mentioned while making an application for the legal heir certificate

dr g balakrishnan (advocate/counsel supreme court) 24 August 2015

you have to include yr step mother in legal heirship along with yr brothers or sister if uou have, it is issued by tehsildar's office , u need to produce original death certificate showin cremation or burial is a must.