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madhu shinde   04 October 2026

Who is legal heir of mothers property as from her parents after her death

please advice and action need to be taken for below query.

1) Mother who is having property which she got from her own parents and having one son one daughter.

2) husband is alive but did fraud with her as he got second marriage without giving her divorce which is illegal as per Hindu marriage act.

3) now how can son and daughter can claim  their mother property after her death and No will or deed made .

What is the procedure of to follow to claim property and can notice  to her husband as illegal marriage act fraud etc 



Quick Summary
Following the death of a mother who inherited property from her parents, her son and daughter are seeking to claim her estate. The deceased's husband is alive but engaged in an illegal second marriage without divorcing her. If the family is governed by Hindu Law, the son, daughter, and husband are entitled to equal shares. The husband's illegal marriage does not automatically forfeit his inheritance rights, as succession and marriage validity are separate legal matters. It is advised to consult a local lawyer experienced in succession law for guidance.

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 October 2026

As she got 2nd marriage without giving divorce is illegal.  So her husband may file a case in a civil court. After that you can proceed with her property.  However, engage a local experienced advocate for further guidance to get favourable orders.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     04 October 2026

1.   If the family is governed by the Hindu Law, the son, daughter and husband can have a direct inheritance claim and entitle equal share of the deceased woman property. The husband contracted a second marriage does not automatically mean that he loses his share in wife's property. The succession question and the validity of his second marriage are separate legal issues. It will be better to contact a local prudent lawyer who deals succession matter.

madhu shinde   04 October 2026

Originally posted by : kavksatyanarayana
As she got 2nd marriage without giving divorce is illegal.  So her husband may file a case in a civil court. After that you can proceed with her property.  However, engage a local experienced advocate for further guidance to get favourable orders.

Wife didn't married second time it's husband who got married second time without giving first wife divorce.

Question arises can son and daughter file against father who is fraud and illegal marriage against him 

T. Kalaiselvan, Advocate (Advocate)     04 October 2026

By your father's second marriage during the subsistence of the first marriage, the affected person is your mother, who is no more living hence you cannot file any complaint on this.

The property that was inherited by your mother, upon her intestate death, shall devolve on her own legal heirs who are her biological or legally adopted children and her husband (if living).

Remember that you and your siblings are also part of the total legal heirs hence you are entitled to proportionate share in the properties left behind by your mother, similarly your father is also entitled to a share in her properties as a right

P. Venu (Advocate)     04 October 2026

What do you mean by "property as from her parents after her death"?

Is it that the property jointly belonged to the parents or that she had inherited separate  properties from them? Is it that both the parents had predeceased the mother? Please pos the complete facts in simple language.

Ashish Davessar (Advocate)     05 October 2026

  1. If mother has died without making a bequest, her property has devolved through intestate succession under Hindu Marriage Act on her husband and all children equally notwithstanding the fact that husband performed second marriage during her lifetime without divorcing her.
  2. Mother had the option of making a will or gift deed during her lifetime. 

kavksatyanarayana (subregistrar/supdt.(retired))     05 October 2026

Madhu shinde sir, I cannot understand your language.  You and your siblings with your father, have equal shares in the property of your mother, who died intestate.

Dr. J C Vashista (Advocate )     06 October 2026

The intestate propety by your mother shall devolve upon all of your siblings with father, despite the fact he got remarried with some other woman, which is irrelevant in instant case.  

NADEEM QURESHI (Professional Advocate)     10 October 2026

Dear Querist

If mother is expired then the law of inheritance comes into picture and as per the Hindu Succession Act, 1956, you, your sister and your father shall be the first class heirs of the deceased Mother, hence he will be equally share holder of the property of your mother

 

and if the mother is alive then it will be better that she should execute a Will in favour of you both and espeficially mention in the Will that due to the second marriage solemnized by your father, your mother is not willing to give any share to him from her own property.


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