is there any share in the property....

Querist : Anonymous (Querist) 22 June 2011 This query is : Resolved
A person has 3 sons and 1 daughter. those 3 sons and 1 daughter have 1/4 th share in a property. that 1 daughter expired leaving behind 2 sons and 1 daughter. out of 2 sons and 1 daughter 1 son is unmarried and the other son and daughter is married. the son which is married expired leaving behind wife and son. the wife (of expired husband) after death of her husband married to other person and the son is leaving with his uncle i.e. the son which is not married.

this is history.... my question is does that wife (of expired husband)after her remarriage has a share in the property of her first expired husband??????

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prabhakar singh (Expert) 22 June 2011
my question is does that wife (of expired husband)after her remarriage has a share in the property of her first expired husband??????
ANS. NO

Querist : Anonymous (Querist) 22 June 2011
Mr. Singh Sir... what is the excat reason behind it??? reply awaited...

Shashikant V. Patil (Expert) 22 June 2011
As her status from "widow" is changed to "married woman " now .

Ravikant Soni (Expert) 22 June 2011
I am of different view::::

As per sec. 24 of HSA....
24. Certain widows remarrying may not inherit as widows

Any heir who is related to an intestate as the widow of a pre-deceased son, the widow of a predeceased son of a pre-deceased son or the widow of a brother shall not be entitled to succeed to the property of the intestate as such widow, if on the date the succession opens, she has re-married.

COMMENTS
Where on the date the succession opens, the widow is not remarried, she would succeed to the property. But the fact of her remarriage after the succession opens would not disentitle her to the property for the fact that s.14 would have conferred on absolute right in the property so taken by the widow.-Chanda v. Khusala AIR 1983 Patna 33

Ravikant Soni (Expert) 22 June 2011
Here in this section the words starts with "Certain" so it do not include all the category of widows. it consists only:

1- the widow of a pre-deceased son
2- the widow of a predeceased son of a pre-deceased son
3- the widow of a brother

and in the last emphasis given:
"if on the date the succession opens, she has re-married."

Ravikant Soni (Expert) 22 June 2011
Therefore if property comes to a widow being in the category defined other then in sec. 24 then there is no effect of remarriage.

And position is differ if she falls in category of sec 24 and succeession already has been opened before her re-marring.

Ravikant Soni (Expert) 22 June 2011
If my view is not according the law then i request to my ld. friends to clear the concept here.

R.Ramachandran (Expert) 22 June 2011
Please indicate when did "A" die?

Also indicate when did his son "B" Die?

Indicate when did "B"'s widow remarry?

Ravikant Soni (Expert) 22 June 2011
In case the widow remarries, she would not be divested of the property inherited by her simply on account of her remarrying.-Udham Kaur v. Harbans 1983 HLR 579

Ashok Yadav (Expert) 22 June 2011
Dear experts please go through the Section 2 and 5 of Hindu Widows Remarry Act 1856. She can not claim any share in property after her marriage

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