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Vimal R   04 November 2020

Legal Heir/Succession Certificate

Grand father is dead. In his legal heirs/Succession certificate, his second wife (if any) & their children be shown as legal heirs?

Also, will it contain his son's wife & children as well as legal heirs?

Also how about the grand child being minor, will he also present in the succession certificate?


Quick Summary
This discussion clarifies who is included in a legal heir or succession certificate after a grandfather's passing. It explains that a second wife and her children may be included if the marriage was legal. A son's wife and children are included if the son is deceased and entitled to a share, but grandchildren are generally not considered Class 1 legal heirs. The distinction between a legal heir certificate (issued by Tehsildar) and a succession certificate (issued by a court) is also highlighted.

 4 Replies

G.L.N. Prasad (Retired employee.)     04 November 2020

The legal heir certificate and succession certificate are not one and the same and there are vast differences in meaning also.

Legal heir certificate has to be issued from Tehasildar level officer disclosing class 1 legal heirs .

If the first wife is not there, if the person remarries after the death of his first wife legally, the marriage is legally valid.  There are no numbers attached and she is the wife.

Depending on the religion, the Revenue inspector inquires and prepares that certificate.   Son's wife and children are legal heirs if son is not living and entitled to the share of such deceased son.

Grandchildren are not class 1 legal heirs.

(All these are presumptions considering the deceased is a Hindu Male)

The succession certificate is given by competent court on application.

Search in google with keywords--"Legal heirs of Hindu male" you can find such relationships that are entitled for a share in deceased in many sites.

1 Like

P. Venu (Advocate)     04 November 2020

Why ".....second wife (if any)"? The posting is  a riddle than a query. Please post material facts as well the real issue, if any.

Vimal R   04 November 2020

@P.Venu Sir, How do We know if there is another legal affair/Second wife for the seller to be exact? It may or May not. We never know

P. Venu (Advocate)     22 November 2020

You are yet to post the material facts. Please try to post simple facts.


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