sunny john 29 July 2023

property legal heirship

dear experts, i am going to purchase a property. property self acquired by first wife. First wife died . names of her mother, husband, and two sons included in legal heirship certificate issued by thasildar. husband contracted another marriage. after some years husband and mother died. now can the second wife sons claim share in this property. do their signature also needed for registering the property?

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This discussion clarifies property legal heirship when a first wife, who owned self-acquired property, passes away. Her legal heirs initially include her mother, husband, and two sons. If the husband remarries and later dies, along with the first wife's mother, the key question is whether the children from the husband's second marriage can claim a share in the first wife's property. The consensus is that while the children of the second wife are entitled to a share of their deceased father's inheritance (which might include a portion of the first wife's property if he inherited from her), they do not have a direct claim to the first wife's self-acquired property. The mother of the first wife is also not considered a primary legal heir if other class I heirs are alive.

5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 29 July 2023

The children of the 2nd wife have equal rights with the children of the 1st wife.

sunny john 30 July 2023

thank you for your advise

T. Kalaiselvan, Advocate (Advocate) 30 July 2023

This is the self acquired property of the first wife, hence upon her intestate death only her legal heirs namely her husband and the her own children are entitled to an equal share in the properties left behind by her.

The mother of the deceased first wife is not a successor in interest, nor a class I legal heir to the deceased especially when the other class I legal heirs are alive.

The children of the second wife along with the children of the first wife shall be entitled to a share out of the share of the deceased father.

The children of the second wife are not entitled to any share directly in the properties left behind by the first wife.