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SUCHA SINGH (Manager)     16 September 2016

Legal heirs of property

My mother had died in 2010. She had got married and quitted by her husband but did not give her divorce legally. Later on my mother got married again and we are two children from her second marriage.

Her ex-husband migrated aborad and got married there with a foreigner. He died a couple of years ago. He has a property in his name that he did not transfer to anyone. Now when her wife came to know about this, she arrived here and wants to sell the same. Since my mother was not divorced by her ex husband and he got married to that foreigner without our knowledge. So, needless to say that his second wife is not legally entitled to this property. 

We would  like to know the followings with regard to the above :

(i) Since we are from the second marriage of our mother, so are we entitled as the legal heirs to this property ? 

(ii) Is the youngest son is entitled to register a claim against this property (my elder brother is not in India and residing abroad) ?

Please give clarificaions to the above for which I shall be grateful to your goodself. 

Regards/

 

 

 

 

 

 



Learning

 4 Replies

Kumar Doab (FIN)     16 September 2016

It is believed that personal law that applies in instant case are: Hindu Sucession Laws...........

 

The estate of deceased  male  ( covered by Hindu Sucession Laws....) devolves upon his ClassI legal heirs i.e. Mother, wife, sons and daughters..................

 

 

First right is of ClassI legal heirs.

The mother of 1st husband of your mother (if alive) children fathered by 1st husband of your mother ( including from foreign lady-second wife) and from your mother, and your mother shall share the estate equally.

Foreign lady-second wife has no share.

 

Your mother's share after her life time can devolve upon you.

 

 Your mother can stake her claim.

 

SUCHA SINGH (Manager)     17 September 2016

Thank you so much sir for the reply. 

That means, now we (step children of first husband of my mother) can go ahead for the claim for our mother's share after her life time (posthumous) in this property.

Since we do not have evidences like marriage card, photographs or video of this marriage of our mother with her ex-husband, that took place almost more than 55 years ago. 

So, please help us for the following claririfations : 

i. If a written declaration from the Gram Panchayat (Village arbitration) is obtained establishing the validity of this marriage that had taken place between them that very long time ago, then will the court accept the same? 

ii. Is it essential to obtain the above declarations from both the places ie. from the village arbitration of mother's home (Mayaka) and from the village arbitration where she got married (her inlaws home) ? 

iii. In addition to the above, what kind of evidences will be required to establish the fact about the legality of this marriage. 

Looking forward your reply please.

Regards/

 

 

 

 

 

Kumar Doab (FIN)     17 September 2016

All such supplimentary queries can be properly addressed by an able counsel specializing in family,civil matters.

 You may obtain the mutation record with link documents from the authority under whose jurisdiction property falls.

You may also find out any insurance,bank a/c, locker etc etc  details and may stake claim.

You must prefer to consult a very able counsel and proceed under expert advise of able counsel that has examined all dcos on record and your inputs.

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 September 2016

proves of marriages on the basis of the following documents.

1.Marriage Certificate from the Mandir

2.Marriage Registration certificate from the SDM

3.Photographs/Video of Marriage

4.Photographs of tours or functions

5.Affidavit by the Pandit and spouse

Apart from those 5 grounds of proof you can also check the electoral rolls and pension books and suppose if all those are missing the court can come to a conclusion of the marriage by long cohabitation between the parties but it must also be cohabitation with habit and repute as husband and wife as the court presumes in favor of marriage and against concubinage when a man and a woman have cohabited for a long time.So it ll depends on the nature of the case and the status of the parties living together as husband and wife in the absence of documents as evidence.

 

 


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