Advise regarding matrimonial dispute.
Sunil Kumar
(Querist) 17 December 2025
This query is : Resolved
Respected Sir,
It is submitted that a widow having one son aged about 7 years is living 100 sq. yards home having three equal shares (three brothers but one deceased) in matrimonial home about 4-5 years and after passing 4 years she has re-marriage with someone with arrange marriage but after re-marriage she lock two living rooms with their beds, sofa and almirah and did not to vacate their matrimonial property. Being equal share of two brothers, what steps can we take for vacation the two living rooms in the situation of remarriage of widow. Actually, she wants 1/3rd share of property/home in the form of money.
Kindly advise what steps have to be taken by us for vacation two living locked room by unauthorized locked and also advised what is the equal age of claiming of shares of son's mother.
S.Kumar
T. Kalaiselvan, Advocate
(Expert) 18 December 2025
Remarriage of a widow does NOT take away her property rights in her deceased husband’s share.
The widow continues to be a legal heir of her deceased husband even after remarriage.
She cannot be treated as an unauthorized occupant merely because she remarried.
She retains her 1/3rd share in the property.
However Locking two rooms by the widow of deceased brother is illegal exclusion and it amounts to denial of joint possession.
You can file a suit for partition seeking to divide the property into three parts by metes and bounds and also seek open the locked rooms and to restrain her from indulging in such activities till disposal of the suit.
You can Send a legal notice stating:
Locking rooms is illegal and demand removal of locks or consent for partition or acceptance of money equivalent to her lawful share (including son’s share via court).
kavksatyanarayana
(Expert) 18 December 2025
Yes, a widow who remarries can still claim her share in her deceased husband's property, as Indian courts, including the Supreme Court and High Courts, have held that the Hindu Succession Act, 1956, overrides the older Hindu Widow's Remarriage Act, 1856, meaning remarriage does not disqualify her from inheriting as a legal heir. Her right accrues at the time of her husband's death, and subsequent remarriage doesn't extinguish that vested right, though she must claim it as a legal heir if no will exists. Locking doors is illegal.
Dr. J C Vashista
(Expert) 19 December 2025
Very well analysed, opined and advised by learned senior experts, I concur.
P. Venu
(Expert) 22 December 2025
It is no longer her matrimonial home, but she and her son is entitled the property, if any, which belonged to her late husband.
