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GetLegal India   25 January 2022

Is a widow entitled to a share in her deceased husband’s property?

 According to widow remarriage act a widow is entitled to a share in her deceased husband's property but only, if the woman remains his widow

 



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 1 Replies

Megha   31 January 2022

Hi,

A wife's right over her deceased husband's property will depend upon the nature of ownership of the property. 

  1. In case of self acquired and/ or ancestral property of the husband, property will pass on to the wife and Class I legal heirs equally according to the provisions of the Succession Laws.  It is to be noted that in case of an ancestral property, the wife cannot claim partition. 
  2. If the property is jointly owned by the husband and wife by way of equal monetary contribution, the wife's share will delve upon her and the husband's share will be distributed as per the Succession laws.  

Further, the Nagpur Bench of Bombay High Court, in the recent case of Smt. Jaiwantabai v Sunanda has held that a re-married widow will still have rights over her deceased husband's property provided the succession process (in case the husband died intestate) has begun before the second marriage.  

Best regards,
Megha

 


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