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Rights of second wife in Husband's property
21-Jul-2023 (In Property Law)
Hello, My father passed away in 2004. Has two wives. We have been fighting the case in family court since 2005. Its been in trial and came to arguments this year. Recently the other woman placed a legal heir certificate stating my mom has given no objection certificate in 2006 which my mom never did. The other woman's brother is a panchayat board president so he would have bribed the Tehsildar then. We do not know what to do now. Kindly advise. This is happening in Madras High Court.
Sir/Madam,
What is the nature of case pending in Family Court?, the legal heir certificate produced by the lady is to be contested and you did not say anything about who is first wife, and who is second?, moreover on full inquiry alone your question can be answered, moreover what is pending in High Court?, you better consult your existing Advocate in this regard.
What is the nature of case pending in Family Court?, the legal heir certificate produced by the lady is to be contested and you did not say anything about who is first wife, and who is second?, moreover on full inquiry alone your question can be answered, moreover what is pending in High Court?, you better consult your existing Advocate in this regard.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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I presume you are mentioning no objection for second marriage. Any document produced before the court has to be proved properly. Once the no objection certificate produced by the other wife of your father was proved as a fabricated document your mother and you can retain the lawful share over the property left by your father on his demise. You can check out the possibilities for filing an application in the main case, to reject the document ( no objection certificate and consequently legal heirship certificate ) filed by the other wife. Or in parallel i will also suggest you to challenge the legal heirship certificate issued by the Thasildhar. As Law forbids second marriage and you have a good case in hand. Furthermore it never stop you from claiming your right over the property. As facts given by you is short it limits my answer as well.
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Adv. GP Vijay
Chennai | 200+ Answers
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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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