Suit for legal heirs of deceased person
VK
(Querist) 02 August 2018
This query is : Resolved
Dear Legal Experts,
A man has bought an apartment with joint registration along with his second wife in Hyderabad. It was an illegal marriage and they both lived together for 30 years. The man has died in last year. The first wife and her children have filed the suit in local court in Hyderabad and requested to declare them as Legal Heirs of that deceased man to claim 50% ownership in that apartment which is on that deceased person. The lawyer says that the judge has asked him to amend the suit to include the second wife name also as part of the party since she is wife of the deceased person. The second wife should sign the amended suit which will be difficult. Is it mandatory to include the second wife also as part of the suit or not, please? Is there any alternative procedure to get it declared as Legal Heirs, please.
Regards,
VK.
Dr J C Vashista
(Expert) 04 August 2018
Second marriage, if any, is void, hence she is not entitled for 50% share in the apartment/flat since she is also co-owner of deceased alleged husband.
However, off-springs from such union have a right in the intestate property of a deceased Hindu.
VK
(Querist) 04 August 2018
Dear Dr J C Vashista,
Thanks for your reply. There is no children with second wife. Is it necessary to include the second wife in that suit as legal heir, please? What is best way for the first wife and her children to claim 50% ownership of that apartment which is on deceased person, please?
Regards,
VK.
rajeev sharma
(Expert) 04 August 2018
whether you call that lady a wife or not but the fact is that she is a joint owner of the property and a necessary party of the suit and has 50% share in the property.the rest 50% belongs to you you all the legal heirs and a declaration in this regard may be obtained.
Asgher Mahdi
(Expert) 05 August 2018
Follow as per the instructions of your lawyer when you have trusted.
