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sunny john   29 July 2023

property legal heirship

dear experts, i am going to purchase a property. property self acquired by first wife. First wife died . names of her mother, husband, and two sons included in legal heirship certificate issued by thasildar. husband contracted another marriage. after some years husband and mother died. now can the second wife sons claim share in this property. do their signature also needed for registering the property?


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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 July 2023

The children of the 2nd wife have equal rights with the children of the 1st wife.

sunny john   30 July 2023

thank you for your advise

T. Kalaiselvan, Advocate (Advocate)     30 July 2023

This is the self acquired property of the first wife, hence upon her intestate death only her legal heirs namely her husband and the her own children are entitled to an equal share in the properties left behind by her.

The mother of the deceased first wife is not a successor in interest, nor a class I legal heir to the deceased especially when the other class I legal heirs are alive.

The children of the second wife along with the children of the first wife shall be entitled to a share out of the share of the deceased father.

The children of the second wife are not entitled to any share directly in the properties left behind by the first wife.

 

 

Dr. J C Vashista (Advocate )     30 July 2023

Very well analysed, opined and advised by learned expert Mr. T Klaiselvan, I endorse and appreciate.

sunny john   30 July 2023

thank you sirs

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