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shekhar (proietor)     23 September 2010

proprty for widow

man A has 2 sons x, y,   .  A died and tranfered property to his wife W. now W also died and property [ flat] is till today on W[died] s name. after 3 year Y [son] died . his wife asked for hr part but X refused. 2 year after death of Y his wfe married . can she clam for her past right.


 5 Replies

Vinoba (Advocate)     23 September 2010


You have not stated in your query whether the widow is having children or not?

In case if the widow is having children, then obviously the widow is entitled for her husband;s share until she remarries.

In case if the widow is not having any children, then her husband's share reverts back to her husband's brother.  Therefore she cannot claim share as a matter of right.

In case if she has remarried, then she is entitled for any share.

Please go through the relevant provisions on female succession of Hindu Succession Act.

L. Vinoba,



Vinoba (Advocate)     23 September 2010


Please get corrected on the third point that in case if she has remarried, then she is not entitled for any share.

L. Vinoba



Goutam (Student)     23 September 2010

She can,t claim after second marriage for her share from her first husband property.


      Whether any child has been  born from the first marriage.

adv. rajeev ( rajoo ) (practicing advocate)     24 September 2010

I agree with Goutam

shekhar (proietor)     24 September 2010

i will like to raise a point. 1. when her husband died. she has right on property. 2 if immidiate action was taken she might get her right in property. as the mother in law is died 2 year back of husbands death. 3 . she also maried aftertwo year of husbands death.  that means her right was created before her marriage. dont it afect.?

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