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Sanjay Thummar   25 August 2012

Right of widow if want to remarriage

Dear Sir


I have following question


1.   If window of deceased want to remarry, what is the position of right in property of deceases husband ?

 Assuming that deceases husband have one 7 year child, father, mother and grand father, and brother married who live in joint family. one property purchase by father and second one is inherited by his grand father. both property are equal. Karta is Father.


2.  If window of deceased remarry, who has legal right for custody of minor child of decease ?


3.  Father want to provide equal right in property to one minor child of decease and ready to grow him, can he do ?

4.  widow is not well educated (only 7th std pass out) but brother is well educated (being CA) and his wife also well educated (M.Com). can brother ask for custody. Brother does not have any financial interest in decease property but only want to make minor child well educated and caltured and settle his life.


5.  can father denay the right of widow on her remarriage ?


 2 Replies

MUTHURAJAN (ADVOCATE)     25 August 2012

if widow remarry a  someone, her right's in her deceased husband will be ousted. she is the natural guardian to her child. The widow's brother can take custody of the child. The deceased's father definitely denied widow's right when she got remarriage. But he can't denied that child's right

prakharved (Medical officer)     11 June 2013

@sanjay thummar


If widow remarries, she loses all rights in the deceased property. she still has custody over son as the natural mother


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