1) second marriage during subsistence of earlier marriage is illegal

2) your father would not be entitled to any share of property

3) refuse to give any share in insurance , gratuity dues to your father

4) your sister should apply for compassionate appointment

5) you should apply for and obtain succession certificate from district court in respect of all mother assets

1. Since the marriage with your mom was invalid your biological father is neither her lawful husband nor a legal heir to her estate.

2. Though you are illegitimate children of your father you can inherit the proeprty of your mother as well your father.

3.Any of you except your father is eligible for applying her job on compassionate ground.

Since your are appointed as nominee you can claim those money and if the court asks for succession certificate then you can apply for the same for which the consent of your father is not required.

The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. In your case the marriage between father and mother is not legally valid (If your father married with out getting divorce from his first wife ) So your father has no right over your mothers movable and immovable property.

A legal heir certificate is issued by the government for those individuals whose parent/husband is dead without leaving a will. To establish relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.In legal succession cases to get succession certificate to establish the relationship.To get employments for example compassionate appointments.

You will have to apply for the legal heir certificate to the Tahasildar of your Taluk along with death certificate of the person and an affidavit.In the affidavit you will have to show the legal heirs of the deceased.

So no need to compromise with father.

you have to mention your father name in issue of succession certificate

2) you can take succession certificate in joint names . in alternative execute consent affidavit to relinquish your share in favour of sister

3) you should execute will bequeathing all your assets to your sister

4) will should be attested by 2 witnesses

5) change your nomination .

1) can my dad be legal hier of mother (assuming marriage is legally void)? Is his sign required to get

a legal hier certificate ?

Your father's marriage with yor mother is legal hence he is considered as one of the legal heirs to your deceased mother.

However since the pf, gratuity and insurance have been nominated on you both, you can very well claim that. You need not give any money to your father out of the pf and gratuity since you both are the nominees in it.

2) For PF,gratuity,insurance,etc., he is asking for share. When asked about sister's marriage, he is

not bothered at all. what should i do ?

Hr can have a share in the insurance claim amount.

Your sister, if unemployed can file a maintenance case against your father seeking maintenance.

3) For pension and job (compassionate ground),only sister(unmarried) is eligible. Dad is not

agreeing to declare sister as legal hier. He is not concerned at all as he has nothing to lose.

what can be done ?

Your father is not the authority or law to reject your sister as a legal heir to your deceased mother.

She can very well apply on compassionate grounds, provided you give NOC for that.

1) Dead certificate mentions my dad as her husband. All my ID proofs have his name.

Wont it be an issue while applying legal hier certificate/succession certificate?

Whether you like it or not, as per law your father is one among the legal heirs of your deceased mother.

2) If I take succession certificate/legal hier certificate in my name. How can sister apply for job on

compassionate ground ? I remember office people saying legal hiership should be taken on sister's name.

The legal heirship certificate will contain the names of all legal heirs.

3) I have nominated my mother for all my savings such as pf,insurance,bank account,etc.

I came to know that upon my death father will be my legal hier (since mom is no more).

I have threat from father and i don't want my savings go to father.

It should be given to my sister(unmarried) who is completely dependent on me .What is the procedure to do

You can change the nomination to your sister's name if you are unmarried.

if fathers name reflect in legal hier certificate/succession certificate, then he is treated as husband . In such a case you have right to challenge if you are not accept the validity of marriage.Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.

Who's names reflected in the legal heirs is the things which consider for succession. Whos name it issued has no important.