Section 2 of Hindu Widow's Remarriage Act 1956 states that on remarriage, the wodow looses all her rights in the property of her husband including maintenance unless there is a document reserving her right to property even after remarriage. Section 4 of Hindu Succession Act 1956, however, has overriding effect on all other enactments. However, Sections 21 (iii) of Hindu Adoption and Maintenance Act 1956 does not recognise a widow, who has remarried, as dependent of the deceased.
Whether the extinguishment of said right under Hindu Widow's Remarriage Act 1956 is also applicable to the claim of the widow in case of Claim for Compensation under Motor Vehicles Act 1988 for accidental death of her husband in a situation where she remarries??
What will be extent of her entitlement to the share of compensation in such cases??
Is her right to claim share in the compensation saved in terms of Section 4 r/w Section 14 (1) of Hindu Succession Act 1956?? or her right is completely taken away in terms of 1856 Act?? or she can claim amount for her maintenance till the date of her remarriage???
