Re marriage women rights
Querist :
Anonymous
(Querist) 10 January 2012
This query is : Resolved
After Solemnization of the second marriage, Whether the wife is entitled the share of the property of the deceased first husband?...
Devajyoti Barman
(Expert) 10 January 2012
No.
Even if she did not remarry, the divorced wife has lost everything from her ex husband with the loss of status of wife.
ajay sethi
(Expert) 10 January 2012
well you want to have your cake and eat it too . you ahve divorced your husband and remarried . on first husband death you do not inherit his property
V R SHROFF
(Expert) 10 January 2012
Divorced wife is also a wife as defined in Law.
So she can get maintenance, and after the death of Ex Husband, she continue her right on his property, and can get attachment, Stay, s well as injunction.
If she remarry, she lost all her rights.
Nadeem Qureshi
(Expert) 10 January 2012
Dear Querist
Wife of a deceased husband has righs in his property but if she re married before getting her share in his property then she lost her rights.
Its also depends on the Laws(Hindu, Muslim, Parsi, SMA, & Christian) as per their rules
According to Hindu Seccession Act 1956, she has no rights in his father-in-law property(Ancestral Property) this section rep.by the HS (Amnd)Act 2005
Feel Free to call
Deepak Nair
(Expert) 11 January 2012
Teh experts have rightly opined. The divorced wife loses all the rights on the divorced husband's property or maintenance if she remarries.
Raj Kumar Makkad
(Expert) 11 January 2012
A divorced wife after performance of her re-marriage loses all her rights in the property of first husband.
mahendrakumar
(Expert) 11 January 2012
how could we presume that "the case is a divorced wife's,when she had mentioned as deceased husband.
I think,she has married after the death of her first husband.
Dayananda Gowda
(Expert) 11 January 2012
No after second marraige, the wife is not entitled to get share in first husband property.
Sudhir Kumar, Advocate
(Expert) 11 January 2012
EVEN WIDOWED WIFE LOSES HER RIGHTS ON HUSBANDS PROPERTY AND EVEN PENSION PAID BY GOVT ON REMARRIAGE.
Querist :
Anonymous
(Querist) 11 January 2012
she has re married after the death of her first husband.
Querist :
Anonymous
(Querist) 11 January 2012
she is not a divorced wife..
Deepak Nair
(Expert) 11 January 2012
The widow loses her claim on her late husband's property if she remarries.
prabhakar singh
(Expert) 11 January 2012
Yes!On the death of husband property devolves upon her of her deceased husband as his heir but the right ceases the moment she remarries.
Murali Krishna
(Expert) 11 January 2012
I would like to differ from the above in view of S.14 of Hindu Succession Act,1956 and repeal of Hindu widow remarriage Act, 1856 in 1983. Hence, after 1983, the position changed. Also, S.24 of Hindu succession Act, 1956 was repealed in 2005.
Please go through 1. (2000)2 SCC 139 and 2. (2008)2 SCC 610.
Devajyoti Barman
(Expert) 11 January 2012
This citation has no application on the topic at hand.
The widowed or divorced wife after remarriage does loose all right over her ex husband's property.
Devajyoti Barman
(Expert) 12 January 2012
I stand corrected, this is very much relevant. Thank you for the citation.
prabhakar singh
(Expert) 12 January 2012
Thank you Mr.Murali Krishna!
I FIND MY OPINION INCORRECT IN THE LIGHT OF CURRENT LEGAL POSITION IN VIEW OF EFFECT OF CHANGES BROUGHT OUT BY REPEAL FROM WHICH MIND ESCAPED.
I WITHDRAW MY EARLIER VIEW WHICH IS INCORRECT WITH DUE APOLOGY FOR ANY INCONVENIENCE CAUSED TO ANY ONE.
Mr.Murali Krishna!HAS EXPRESSED THE RIGHT VIEW IN THE MATTER.
Deepak Nair
(Expert) 12 January 2012
@ Mr.Murali Krishna,
Thanks a lot for the update.
Shonee Kapoor
(Expert) 13 January 2012
The succession opens on the day the husband dies. The wife would get due share on that day.
After remarriage, she is still entitled to that share.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
