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g.bharath (retired)     06 March 2016

Property distribution after remarriage of widower

sir, i am a widower and wish to know if on remarriage my new wife will be entitled to share in immovable assets. all my bank deposits are already NOMINATED in name of my only MARRIED PROGENY VIZ SON


 2 Replies

saravanan s (legal advisor)     06 March 2016

She is not entitled for any share in your property

k.chandrasekharan (advocate)     18 March 2016

The answer would depend upon the nature of the immovable properties and the fact whether the querist leaves any will, bequeathing the properties to anyone.

Assuming that no will is executed:

Movable assets: Nominee is only a trustee to receive payment from banks. Ownership of money will depend upon class I heirs.

Immovable assets: Ancestral: Notional partition by law between the father and son, each getting half share. Out of one half of father there will be sub-division equally between the son and the second wife. Effectively, the second wife will receive 1/4 share.

Self-earned: equal share for son and second wife.

If any child is born of the second marriage, then the sharing formula would include the new-born child also, in all the three cases.

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