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shweta (accounts executive)     26 July 2012

Legal heir

Hello All ,

My query is ,

- A women died with out making a will for her self earned property .

- Now her son wants to get the property in his name.

- Can her husband claim her property ??( Since she mentioned his name in all documents)

- Who is the legal heir for her property ?? her son or her husband who married her without giving divorce to his first wife and he is staying with first wife only as of now.

Please advice



Learning

 9 Replies

R.K Nanda (Advocate)     26 July 2012

Her son only.

Adv Archana Deshmukh (Practicing Advocate)     27 July 2012

Her son is her only legal heir. The marriage with her husband is void, so he cannot be her LR.

shweta (accounts executive)     27 July 2012

Thank you ,

-Can you let us know the procedure (any affidavits ,deeds etc to be made )to get the property now registerd in his name (viz, the legal heir , her son ).

-Since the father has abandoned them years ago will the son  require to get any documents signed by his father ?

Please Advice .

chitrarasu (advocate)     27 July 2012

in case any cercumstances file a partition suit the property may be divide to father and son, illegitimate child legaly his father, the property joint family property so mother property did not wrote any documents in her son, ok, now both are write partion deed or any other proper document only drop the future litigations.

shweta (accounts executive)     28 July 2012

Can you please chart out the procedure to register it in the same of the son .

Adv Archana Deshmukh (Practicing Advocate)     28 July 2012

Obtain a legal heir certificate in the name of the son and get the property mutated in the name of the son. 

shweta (accounts executive)     29 July 2012

Thank you Archana Mam,

In Karnataka we get Survivor certificate in place of legal Heir certificate ,

but do we need to mention while applying that his mother was second wife of his father,

Or we needn't include his father's name while applying for survivor certificate ???

What other documents will he need to produce to prove that his father married his mother when his first marrige still subsisted .

Please Advise ,

Thanks

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     30 July 2012

DEAR SHWETHA,

PUT THE FACTS BEFORE THE COURT AND MAKE FATHER AS ONE RESPONDENT, IF HE CONTESTS, THEN LET US SEE WHAT PLEADINGS HE CAN TAKE, I HOPE HE CANT APPEAR BEFORE THE COURT AS HE IS NOT LEGALLY WEDDED HUBBY TO THAT LADY.

 

IF YOU HIDE THE FACT, BUT WHEN IT COMES TO THE KNOWLEDGE OF HER HUSBAND AND IF APPEARS BEFORE COURT, THEN COURT WILL HAVE PREJUDICE OVER UR CONTENTS.


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