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Legal Heir Certificate for second wife children
06-Mar-2023 (In Family Law)
My father's first wife died without any child, after that my father had marriage with my mother on 1960, she had 4 children and now my father & mother are died, we apply the legal heir certificate but it was rejected by tahsildar due to second wife children
Now we don't have any record about my father's first wife
Please advise how to get the legal heir certificate
You need to approach the civil court seeking legal headship by filing appropriate petitions so that the civil court after conducting a thorough enquiry will see that you are the legal hairs and appropriate orders will be passed. Such order will prevail over the order of theThasildhar where government authorities refuse to issue certificates which you certainly owe from the government, the best way is to approach the civil court and seek remedy thank you.
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Adv. Gokulakrishnan A
Chennai | 100+ Answers
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How is property divided between children of two wives?
Property is distributed equally among the legal heirs in Class 1. All children, regardless of whether they have two mothers or the same father, are considered Class 1 heirs. The property will therefore be divided equally between all the children.
Who are the legal heirs of the second wife?
Answer: If the marriage takes place following a divorce or death of the first spouse, the Hindu Succession Act gives the second wife in India the same rights as the original wife. Even if the wife who died before the marriage was married, the second spouse would still have the same rights. 29-Jan-2023
Are children from second marriage entitled to ancestral property?
The children of a second marriage, even if it is declared void under the Hindu Marriage Act or voidable, are still considered legitimate children and have the right to inherit the fathers property.
Is father a legal heir of married son?
In Section 8 of the Hindu Succession Act, parents have a right to their childs property. The mother is the first inheritor, and the father the second. 07-Jan-2023
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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