My only brother (Hindu) died in an accident on same day of his marriage ,after 2years of accident that girl (brother's wife) does 2nd marriage.Iam only sister now (Both my parents expired) Now I applied for legal heir certificate claiming as level 2 heir to Talsildar.He is confused and seeking legal advice. Can I get legal heir certificate for my brother without name of that girl?? Requesting any judgment reference related to my issue (Legal rights of a girl on 1st marriage).Kindly note Marriage happened at morning 8:30am accident happened at afternoon 12:30pm (Just 4hrs they were together as husband and wife) Thanks.
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1. IF Brother's Wife has Re-Married, THEN she forefits all rights over property of her deceased Husband.
2. File Civil Court suit, for Declaration Order in your favor for all properties of Brother, without any legal reference to such Re-Married Wife of Brother. Tahsildar has no legal jurisdiction to give order on such matters.
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She is legally wedded wife
She would inherit her husband share in property
you have no share in your brother property
Whether they lived 4 hours or 4 minutes after the marriage, if the marriage ws solemnised as per the rituals and before the witnesses, the marriage is legally valid and she is the legally wedded wife and upon her husband's death she being widow of the deceased, is the class I legal heir to the deceased.
Therefore while the class I legal heir is alive then there is no question of class II heirs taking the place of successors to the succeed to estates of the deceased who is reported to have died intestate.
Further the Tahsildar has no power to furnish legal heirship certificate for class ii legal heirs, you may have to obtain the same through a declaration suit filed before a court competent
Yes you can get the same
As she is maried she cannot be a legal heir.
However if he has left any property you can claim rights.
Regards
G.Rajaganapathy
High Court of Madras
Your deceased brother' s wife shall continue to be his Class-I legal heir, notwithstanding he died within a few hours of marriage. Her legal rights cannot be taken away. As for your claim, any Class-II legal heir is entitled to succeed only when there is no Class-I legal heir surviving.
