Whether - the following person is entitled to get the property
Querist :
Anonymous
(Querist) 11 January 2011
This query is : Resolved
X acquired a self-purchased property from his father, but at that time X was minor and having no other siblings. Another person was appointed as guardian for him. Before the minor could attain his legal majority, the guardian died. At the time of death X was 20 years old. He went to college and fell in love with other girl who was 18 years of age. They married each other and the marriage was consummated. Now before X could turn 21 he died and survived by widow. Now what is the status of the widow. Is she entitled to receive the property or Government is entitled to receive the same by principle of escheat? Also what will be the status of the would be children of the deceased X to claim the property as in the eyes of the law marriage is in contravention of the Act?
R.Ramachandran
(Expert) 11 January 2011
You seems to be under a misconception that the Marriage is not valid. In fact the marriage between persons who are below the age prescribed in the Hindu Marriage Act, 1955 is voidable and is not void. In this case, no one has taken action to make the marriage voidable. As such, the marriage is valid and the young widow (and if any child in the womb) will inherit the property of her deceased husband/father. is valid in question between is
R.Ramachandran
(Expert) 11 January 2011
The mother of the deceased (if alive) would also get her equal share. (The words"is valid in question between is" in the previous answer may be ignored. It was omitted to be deleted)
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup