• A widow who remarries can retain her former husband’s property

My sister got some amount as a compensation after her husband's death. After that she purchased some land with that amount. The purchased property is in her changed name(After marriage her surname changed) only. She is remarrying now. 
1, Can she retain her property with the same name?
2. Will it create any problem in the future?
3. Name change will be the solution for this?
4. can her husband's relatives claim that property after her remarriage ?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

Hello,

1) She can certainly retain the property she purchased from compensation received after death of her husband. Her marriage with someone else is not disentitling her or providing any new right to relatives of husband.

2) She does not require to change her name under which she has the property registered. In case she chooses to sell or transfer the property at a later stage an affidavit will have to be attached with with relevant I'd proofs for clarification.

3) Name change is not required hence.

4) The relatives as indicated cannot make any claim of she married.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Your sister can retain property in her changed name

2) it would not create problems in future

3) husband relatives cannot claim the property after her remarriage

4) no need to revert to her earlier name

Ajay Sethi
Advocate, Mumbai
99983 Answers
8162 Consultations

Dear Querist

my opinion on your queries are as under:

1. Can she retain her property with the same name?

Opinion: yes, she can, this is her own property and she is the absolute owner of that.

2. Will it create any problem in the future?

Opinion: not at all.

3. Name change will be the solution for this?

Opinion: no need for that.

4. can her husband's relatives claim that property after her remarriage ?

Opinion: No, that have no right.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hi

1) Your sister can retain her property in her same name.

2) According to section 14 of Hindu succession act, any property in the ownership/possession of a woman is her absolute property and as such she is the absolute owner of the property.

3) Her ownership of the property does not change in the event of she remarrying.

4) She has to apply for a name change through gazette in the event of she remarrying and changing her surname because of her remarriage.

5) No person including the deceased's husband's relatives can claim the property after the remarriage of your sister.

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

1. She can retain the property in the same name, it canot be a problem at any stage if she is able to prove that she is known by both the names.

2. It should not create any problem.

3. It may not be necessary if she has proof for both the names.

4. No, since this property was acquired by her before her re-marriage, hence it becomes her own property.

T Kalaiselvan
Advocate, Vellore
90184 Answers
2506 Consultations

Hi, She can not retain her property with same surname. If she keep the same surname then she may face issues in future when she sell or transfer the property.She need to file affidavit with jurisdictional court for the name changeof the property. As she is remarrying, her ex-husband's relations can claim the property in future. You may discuss with me to resolve the issue.

Thanks,

Adv.Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

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