OPPILAMANI G (ASST> COMMR) 04 July 2017
Kumar Doab (FIN) 04 July 2017
Does customs of your family roots/community/tribe permit 2nd marriage without divorcing 1st wife?
Which personal law applies in this case e.g; Hindu Succession Laws?
Is mother of deceased ( your brother) alive?
Siddharth Srivastava (Advocate) 04 July 2017
LHC shall be issued by Ariyalur where death was caused. On the property of deceased his first wife has absolute to inherit the property of your brother including ancestral property. You by no means can take away the right of any person in any manner whatsoever. you may consult with details.
Kumar Doab (FIN) 04 July 2017
You have not relied to all points,
Asuming that the deceased and all legal heirs are Hindu and there is NO custom that permits 2nd marriage during subsitence of 1st marriage.
The ClassI legal heirs have 1st right and equal share i.e. Mother (if alive as on date of death), Wife (legally wedded,if alive as on date of death), sons ,daughters { from valid, void,voidable marriage(s)}. All children from all marriages may have share in self acquired proeprty.
Your query is about ancestral property.The children from illegitimate marriage(s) may not have a share.
The Legal heir certificate can be applied where the person resided/native place.
The death occured at native place so it make sense to apply there.Check/confirm with O/o Tehsildar.
Kumar Doab (FIN) 04 July 2017
If legal heir certificate has been issued to someone that is an imposter posing as legal heir then anyone can report it to O/o aurthority that issued it.
Police complaint might also be possible.