Mr Ronnie (Service) 20 August 2019

Deceased tenant legal heirs -kolkata,wb

Hello

My brother passed away intestate without a WILL and has a tenanted shop in burrabazar,kolkata. He left behind his mother,wife and a daughter( child of his wife's predeceased husband) . Mother and Widow is staying seperately now and the widow is trying to attain all his husband's property without informing her mother inlaw...

.Now this shop in burrabazar is controlled by a TRUST under salami/ bhada system and when we went to the secretrary of the trust to transfer the deceased tenant shop to the legal heirs then he said that the full shop (100sqft) will go to his wife as she is the only legal heir...and then my brother's mother appealed to the secretary that she also wants her share from her deceased son's property ...To that the secretary said that the widow is looking to claim the whole shop and if she thinks she is also the legal heir then she(mother) should submit a legal heir certificate and a written application to the trust claiming any share so that everything should be on papers..

Questions

a) Does Wife/Widow only has rights on the deceased tenant's shop??

b) Can the shop be partioned half to widow and mother legally?

c) How to obtain legal heir certificate so that we can submit it to the Trust

Also, this is widow's 3rd or 4th marraige and it happened while a divorce case was already running with her previous husband..and the daughter is from her 1st husband..

Looking for opinions as the landlord is greedy and the widow's father is also greedy..the mother of the deceased is a homemaker and doesn't know the legalities but is looking for her share on her son's shop

Advice please

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7 Replies

Real Soul.... (LEGAL) 20 August 2019

The mother of the deceased should get alegal heir certificate, however mother has share in her deceases son's property being among class -1 heirs,

1 Like

Mr Ronnie (Service) 20 August 2019

Just to add one more thing, this is my brother's widow 3rd or 4th marraige which we came to know later..as they informed us only about their first marraige and later we came to know that her 2nd marraige divorce case is already in court which was solved after a year she got married to my brother so not sure if my brother's marraige should be considered legal or null and that if she can claim any rights to his property....

Real Soul.... (LEGAL) 20 August 2019

that,that means you have to challenge the validty of marriage and only court can decide ;

the mother of deceased should file a partition suit and claim whole property by disputing the status of her daughet in law,you can get status qua order from court to protect the property as soon as possible.That way you can reach to some settlement.

g isaac (Lawyer) 20 August 2019

The legal heir certificate is to be obtained from the tehsil/revenue authoriities for claiming the property of the deceased son. The marriage supposed is void.

Mr Ronnie (Service) 20 August 2019

Originally posted by : Isaac
	The legal heir certificate is to be obtained from the tehsil/revenue authoriities for claiming the property of the deceased son. The marriage supposed is void.

Not sure how to get this done in Kolkata...

sm.calcutta (Advocate) 22 August 2019

you need to make an affidavit to that effect, and take that to the municipality/corporation who will issue the legal heir certificate

Mr Ronnie (Service) 24 August 2019

Legal heir certificates are issued by municipal corporations??

Also...is it Landlords total discretion of taking the call...as I went to the landlord who happens to be the secretary of the trust but not an actual landlord and his stance is that legally the tenanted portion of the deceased person should belong to only wife and not the mother so I am just worried as to what steps should be taken and how to proceed??