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OPPILAMANI G (ASST> COMMR)     04 July 2017

Illegal wife and her rights on properties of

My brother was an employee of Regn Dept from 1973 and deserted our family and married a girl at Ariyalur without consulting myself and my parents lived at Ariyalur. Within a week he had sent out the lady to her parent as he was having an illegal connection with a lady co worker.From 1981 he was keeing her as wife and lived at Vandalur till 2001. In 2001,he had sent out the second wife also by executing a release deed with that of Co worker lady and got the deed registerd in the registraion Dept. He married another lady withot informing me or any others of my family and continued to live with her in the same house at Vandalur..He has got ration card etc. at Vandalur itsef. From 1981 to 2014 he never visited our native place due to fear about the first wife at Ariyalur. Lastly he had visited to my sister's house at Ariyalur to attend the funeral function of my sister's husband death. in the last week of March,2017 he came to my sister's house at Ariyalu and taking treatment. On 10-4-2017 suddenly he died at the Hospital. Last rites were performed by me at Ariyalur as my brother had no son or daughter.We all were under the belief that the lady who had come from Chennai is his Wife. Susequent made revealed that the present lady( aged 48) is already having a husband and after deserting him she she started living with my brother. Now it is understood that she had obtained a legal heir-ship certificate from VAO of Vandalur stating that she is wife and male child born through her first husband is also a legal heir of the deceased. As we had no connection with the deceased for nearly 40 years we are unable to ascertain the details of her family and her first husband. The decesed native place is Ariyalur where he died. Kindly clarify who has to issue LHC eithe VAO Vandalur or Ariyalur where the death occurred. The decesed had never took part in any functions at aRiyalur never spent any money for his father,mother, sisters etc. All were taken care by myself for nearly 350years. There are ancestral properties at Ariyalur.Kindly advice me on the course of action to be taken by me to protect the interest of my sisters and my children


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 4 Replies

Kumar Doab (FIN)     04 July 2017

Does customs of your family roots/community/tribe permit 2nd marriage without divorcing 1st wife?

Which personal law applies in this case e.g; Hindu Succession Laws?

Is mother of deceased ( your brother) alive?

 

Siddharth Srivastava (Advocate)     04 July 2017

LHC shall be issued by Ariyalur where death was caused. On the property of deceased his first wife has absolute to inherit the property of your brother including ancestral property. You by no means can take away the right of any person in any manner whatsoever. you may consult with details. 

Kumar Doab (FIN)     04 July 2017

You have not relied to all points,

 

 

Asuming that the deceased and all legal heirs are Hindu and there is NO custom that permits 2nd marriage during subsitence of 1st marriage.

The ClassI legal heirs have 1st right and equal share i.e. Mother (if alive as on date of death), Wife (legally wedded,if alive as on date of death), sons ,daughters { from valid, void,voidable marriage(s)}. All children from all marriages may have share in self acquired proeprty.

Your query is about ancestral property.The children from illegitimate marriage(s) may not have a share.

The Legal heir certificate can be applied where the person resided/native place.

The death occured at native place so it make sense to apply there.Check/confirm with O/o Tehsildar.

 

 

 

Kumar Doab (FIN)     04 July 2017

If legal heir certificate has been issued to someone that is an imposter posing as legal heir then anyone can report it to O/o aurthority that issued it.

Police complaint might also be possible.

 


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