Civil Procedure Code (CPC)

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Legal heir

Good evening,
My brother died in a accident within three months of marriage.There was no child to them. After a year she got married with other person and has children also.Please confirm whether she has property right in my family property.Thank you


 1 Replies

Nirali Nayak   26 June 2021

Hello sir, greetings of the day.
As per your query, yes your sister-in-law after her remarriage can claim property rights of her deceased husband. The archaic outdated law of Hindu Widows' Remarriage Act, 1856 stated that the limited right and interest that a widow had in her deceased husband's property would cease to exist if she remarries. But, according to Section 8 of the Hindu Succession Act, 1956, the general rules of succession provided in case of males, would be in the following order of succession: 
First to Class-I heirs, including the deceased man's children, widow, mother, etc.
Second to Class-II heirs, including his father, siblings, etc. 
Third to the agnates (related through a male link) of the deceased. 
Fourth to the cognates (related to a female link) of the deceased.
Thus the court held that the provisions of the Hindu Succession Act, 1956, would override the provisions of the repealed Hindu Widows' Remarriage Act, 1856.  The court observed that even after remarriage, a widow will qualify as Class-I heir, and her deceased husband's kin would still be the Class- II heir. Thus the judge concluded that a woman doesn't lose the right over her dead husband's properties both moveable and immoveable even after she marries.
In 2008, the Supreme Court also held that a widow, even after she remarries cannot be deprived of her share in her dead husband's property despite the change in her marital status.
Hope this solves your query.
Regards
Nirali Nayak
Law Student


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