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shyam lal   22 August 2022

Widows remarriage rights

When a widow remarries
Query. Can she claim her first husband's share in the immovable property against his name.


Learning

 3 Replies

Swadha   22 August 2022

 according to Section 8 of the Hindu Succession Act, 1956, which provides the general rules of succession in case of males, the following would be the order of succession:

  • First to Class-I heirs, which includes the deceased man's children, widow, mother, etc.
  • Second to Class-II 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

Section 23 of the Hindu Succession Act, disentitles a woman from seeking partition in respect of a dwelling occupied by a joint family until the male heir chooses to seek partition of the property to divide the respective shares. This is why, Sahu will have to wait till the head of her late husband's family divides the shares among the legal heirs.

Inserted in the Act in 2005, this Section gave daughters the same right as sons to reside in and claim inheritance in the ancestral property but failed to talk about widows seeking a share in their deceased husband's property. In 2008, the Supreme Court also held that a widow, who remarries cannot be deprived of her share in her dead husband's property despite a change in her marital status.

Dr J C Vashista (Advocate)     22 August 2022

The query and response do not match, since it is the question qua deceased husband's share transferred in favour of his widow who got remarried.

There are conflicating decisions of Bombay High Court (Nagpur Bench) and Chattisgarh High Court where Justice SM Madhok of Bombay High Court has interpretted Section 24 of Hindu Succession Act, 1956, the situation when the day opens she was not re-married.

Conversely Justice Sanjay K Aggarwal of Chattisgarh High Court  has declared that she looses her right in the property of her deceased husband the day she remarried in terms of section 6 of Hindu Remarriage of Widows Act, 1856

1 Like

P. Venu (Advocate)     22 August 2022

The query is too general. Inheritance is in accordance with the personal law applicable. It could be that the provisions of Hindu Succession Act may  not applicable in the instant case. Also, the issue may not be as simple as appears.

Please see the thread https://www.lawyersclubindia.com/forum/widows-property-rights-225619.asp posted by the same querist.


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