Hello,
1. Yes all the legal heirs as per the Hindu Succession Act can claim a share in your fathers property since he has passed away without a will.
2. You can contact the municipal authorities and can ask them to issue one.
Regards
After the death of first wife, father remarried legally to my mom
My father recently passed away without a Will. With his first wife, he does not have any children. We do not know any whereabouts about her family. But authorities are asking for death certificate of my father's first wife. I have below questions here in order to get the succession certificate 1. Can any family members(parents/siblings) of my father's first wife claim for any share? 2. What do I do about the death certificate of my father's first wife? Thanks
Asked 6 years ago in Family Law
Religion: Hindu
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7 Answers
1) first wife family members do not have any share in property standing in name of your deceased father
2) if you are aware of date and place of death of first wife contact birth registration office for copy of her death certificate
1. To give effect of Will one requires grant of Probate In Probate proceeding you do not require death certificate of your stepmother.
2. another option is to file a suit for declaration of making her civilly dead f she is unheard of for the last 7 years or more.
1. Not her parents and siblings, but if she had any children with your then they can definitely claim.
2. Tell these that you do not know about the whereabouts of that female and furnish an affidavit if they demand for the same. The matter can be taken to the High Court incase their arbitrariness continues.
Ascertain from your mother about where and when the first wife died, with this information, go to the office of the birth and death BBMP office and apply for the certified true copy of the death certificate. If after your best efforts you are not able to obtain the necessary information, then file a duly sworn affidavit of your mother to the concerned authorities and seek exemption from production of the death certificate.
If you do not have any information regarding the surviving family members of your father first wife, then they cannot claim any share in his property. Legally your mother and her children can stake a claim in the absence of the first wife and her children.
Sir/Madam,
1. Of course, your father's siblings can claim the share.
2. To get the certificate of your father's first wife, you need to approach sub-registrar office where she was staying.
thanks,
adv.niranjan,
mob/whatsapp - .
1. Can any family members(parents/siblings) of my father's first wife claim for any share?
It is a legal requirement to get the details of your father's first wife, whether she is alive or not living.
In this situation, her legal heirs shall be from husband's side only and not from her maternal side.
2. What do I do about the death certificate of my father's first wife?
You have to gather the details and obtain the death certificate through your own sources,
