LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

clarification of who is the legal heir when the is no will

(Querist) 31 January 2016 This query is : Resolved 
We are Indian Christians. My cousin Sharon who is a government employee, married but separated from her husband immediately within a year.She has no children. She did not take a divorce from her husband. Her husband immediately married and he has two children from his second wife. She is the only daughter to her parents. Her parents died. She died on 25/1/2016 after her retirement. She did not write any will. She did not adopt anyone during her lifetime. She has no parents or uncles or aunties from her mother's side or father,s side. She has five cousin brothers and two cousin sisters from her mother's side and one cousin sister from her father's side. Now who can be the legal heirs to her immovable and movable properties as per law.
rajagopal.s (Expert) 01 February 2016
Hi
If your cousin had not taken divorce then the property will devolve on her husband only. if she had taken divorce then all of her cousins from both father and mother will be eligible for equal share in property.
If the relations from the paternal and maternal sides are equally related to the intestate, they are all entitled to succeed and will take equal share among themselves. Also, no distinction is made between full-blood/half-blood/uterine relations.
Dr J C Vashista (Expert) 02 February 2016
Prima facie it is an academic query.
Manjula (Querist) 03 February 2016
Thank you Mr Rajgopal. Please clarify how my cousins husband who has married again without taking divorce from her and who abandoned her for 37 years and who has children with the second wife will become the sole legal heir of my cousins property. Is it not a criminal offence to marry for the second time without taking divorce from the first wife. Is a second marriage by her husband acceptable by the court without taking divorce from the first wife..Your urgent advise is needed . Thank you once again.
Regards
Manjula (Querist) 03 February 2016
Please reply so that who ever is legally entitled will be able to able to get the properties
Manjula (Querist) 03 February 2016
Please reply so that who ever is legally entitled will be able to able to get the properties
Manjula (Querist) 03 February 2016
Please reply so that who ever is legally entitled will be able to able to get the properties
Manjula (Querist) 04 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.
Manjula (Querist) 05 February 2016
Please can I get someone's advice.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :