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Legal Certificate for Children of deceased father with 2 wives both de


18-Sep-2023 (In Family Law)
Can children of 2 wives (both deceased) get legal heir certificates after their father's demise? The second wife was married while the first one was alive without divorce. I understand it's illegal as per Hindu law. The first wife has 1 one child. The second wife has 2 children. Both the wives have passed away and now my father has passed away as well. Can I apply for a legal heir certificate to include all 3 children in it?
Answers (2)

Answer #1
714 votes
Now that both the wives passed away the children from both the wives are legal heirs of the father. The second wife cannot be considered as legally wedded wife when the first marriage was not dissolved. But the children from the second wife are legal and are entitled to share in their father's property.
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Answer #2
782 votes
Yes you can apply for legal heir certificate for all the three. Assuming you as Hindu, the law says that illegitimate children also comes under Class I legal heirs. The children of the second wife are also legal heirs.
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