Second marriage allowed?

Madhav Madhur (Querist) 03 May 2010 This query is : Resolved
Last month my younger brother died in an accident. He was 29 yrs old, married last yr, no kid. Is his wife legally allowed to go for second marriage after getting her part of his property?

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A V Vishal (Expert) 03 May 2010
SHE CAN SUCCEED BUT RIGHT EXTINGUISHES UPON REMARRIAGE

Guest (Expert) 03 May 2010
YES.SHE CAN REMARRY.

Ashok Yadav (Expert) 03 May 2010
yes she can remarry legally, after getting her share in property, without any hurdle.

Parthasarathi Loganathan (Expert) 03 May 2010
In fact, Right to Family pension gets extinguished upon remarriage.

Manish Singh (Expert) 03 May 2010
after succeeding to the property she can remarry. the property in that case shall be her own. this sections of the HSA, 1956 makes it clear.

24.Certain windows re-marrying may not inherit as windows. Any heir who is related
to an intestate as the widow of a pre-deceased son, the widow of a pre-deceased 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.

J K Agrawal (Expert) 04 May 2010
She is allowed to remarry after getting part of her share in property of deceased husband.

Her rights does not exinguish.

Section 24 of HSA is deleted by amendment act no 39 of 2005.

Mr Ashok Kumar has a clear view.

Manish Singh (Expert) 04 May 2010
Yes , Mr. Agrawal is correct. Sec 24 of the HSA has been omitted by the amendment act of 2005.
Thank you sir for the knowledge.