LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kishor Deshmukh   28 January 2023

There is a case of legal heirship between two wives under hindu succession law

The deceased husband was a teacher in a school and needs a legal heir certificate for his family pension and PF as well as the remaining funds.

The first wife is of the view that she is the legal heir by marriage certificate.

 However, first the wife and deceased husband played divorce case too, but unfortunately that case was abated due to the death of the husband.

The second wife having a son by her deceased husband when she was 17 years old, so she had to get married and now is fighting for a legal heir certificate in this scenario.

The location of the first wife is Wai, and in the present situation, the case is running in the Wai district court.

In the Wai region, the deceased husband didn't have any property or other legal matters. And he did service at the Mumbai location school.

However, the deceased husband's native town is another town from the first wife's wai location, and that is Kuroli Siddheshwar in Satara District, where he had a native place, and that town court is different, which is Vaduj district court.

Hence, the case should fall in Vaduj Tehsil, another district of Satara, as per the deceased husband's native and property-based location.

*But the questions as follows:*

1) For that, what rules will apply to the transfer of a case from Wai Court to Vaduj Court? ...(As per our opinion, the husband's native village is Kuroli, so the case comes to Vaduj Tehsil Court.)....
So what rule will apply for that when transferring from Wai Court to Vaduj Court?

2)  If a son is born at the age of 17, what laws will apply to the second wife for the heir certificate?

3) Do you have any special Supreme Court orders and judgements on the basis of two wives as legal heirs for reference purposes?


 1 Replies

Sudhir Kumar, Advocate (Advocate)     29 January 2023

Second wife can have no claim whatsoever.


First wife is undivorced.  She alone is entitled to pension/gratuity/ other dues / post retirement medical cover.

The son of sedonc wife can have some claim in pension after this death provided that he is :-

  1. below 24.
  2. not earning
  3. not employed.
  4. He is physcially disabled  and cannot arn(for while wholi life)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query