hindu sucession act

shivraj (Querist) 30 October 2008 This query is : Resolved
father alloted 5 acres each to his two sons but he has not given any share to his first wife?Land is amicabily given in the year 1988? first wife filed suit for partition in the remaining estate her husband 5 acres land in the year 2002?
pending the suit husband died leaving behind first wife her son and second wife and her son and three doughters then in this position what will be share of first wife in the estate of her husband?whether she is entitile to ask partition in the life time of her husband and after his demise who r the shareres?

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ARVIND JAIN (Expert) 30 October 2008
DURING LIFE NO PARTITION. AFTER DEATH 1ST WIFE ALSO GETS EQUAL SHARE.

RAKHI BUDHIRAJA ADVOCATE (Expert) 31 October 2008
after death of husband 1st wife is also entitled for the equal share from the estate of husband, provided she had not got remarried.

KamalNayanSaxena (Expert) 01 November 2008
A widow on remarriage forfeited the estate inherited by her from deceased husband was the law prior to the Hindu Succession Act, 1956.

Once property of deceased husband has devolved on the widow after coming into force of Hindu Succession Act she acquires an absolute interest in the property under S.14(1) and cannot be divested of the same even after her re-marriage with some other person.

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