The ancestral property owned by the father will only go to the legal wife ie the 1st wife. The self acquired property shall be shared between all the children.
There are various supreme court judgments.
Legal certificate for children of deceased father with 2 wives both deceased
Current Situation: Children of 2 wives (both deceased) to 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. Need to apply legal heir certificate for all three children. Looking for Previous Court Judgements/Verdicts to support my application to Tahsildar. Please share legal precedence for this. Thanks.
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
Even though the second marriage may not be valid as it was conducted during the subsistence of earlier marriage, the children born out of second marriage are legitimate children of the biological father and hey are also considered as class I legal heirs to their deceased father with rights to succeed to his estates.
The Tahsildar cannot demand for any citation, it is law, he is supposed to know the law and has to furnish the legal heir ship certificate as per the provisions of law.
legal heirs can apply for legal heir certificate
enclose death certificate of deceased
aadhar card of legal heirs
you don’t need judgment as all children woukd be legal heirs
- Visit office of Tahsildar and obtain legal heir certificate paying Rs. 60. Fill up the form giving ten reference s and submit to Tahsildar. You will be given two tokens to meet VRO/RIGHT after two days.
- VRO will visit the house of applicant for verification, all legal heirs should be present before him. VRO will put his signature on form.
- Submit the form to RI, he will visit house of applicant for verification and put his signature.
- Submit the form signed by VRO & RI to Tahsildar.
- You will get legal heir certificate in 16 days.
When the first wife was alive and not divorced, the second marriage was illegal. The children born out of the second wedlock cannot legally inherit anything from their father. As such, you cannot obtain any legal heirs certificate in respect of your step-brothers/sisters. That is the legal position.
- Since, your father marry in the presence of first wife , then legally she was not his legal wife but the children born out of her will be considered as his legal heir.
- You can submit an application before the Tehsildar with death certificate of parents , including the identity and address proof of all the three legal heirs.
You need to apply the same through court by filing the same by paying court fee
Dear Client,
The legal heir will be all three children irrespective of whether they are from first marriage or not. The case laws are as follows:
Jinia Keotin & ors. vs Kumar Sitaram Manjhi & ors. ((2003) 1 SCC 730)
Revanasiddappa & Anr vs Mallikarjun & Ors (31 March, 2011)
