I have a civil property case filed against me regarding the property of my dead spouse. In case of my second marriage should i mandatory inform the court once i got married or to the lawyer handling the case. Will not reporting amount to disrespect or hiding truth to the court. The property is still in his name... once remarried will i loose the claim to that property? I am the only surviving heir, no parents or kids. He has siblings who are claiming the same.
1) you must in your reply mention that you have remarried
2) you must never suppress material facts from court
3) however your remarriage does not disentitle you to inherit property of your deceased spouse
4) his siblings have no share in deceased brother property
Dear Madam,
It is a civil fight, so you need not disclose. You may also deny the second marriage if they allege and probably they may not prove it also.
1. You are under no obligation to inform the court that you have remarried as your remarriage has no no nexus with the case. However, do inform your lawyer.
2. You will not lose claim to the property on your remarriage.
Upon the death of your husband, his property would automatically devolve upon you, as you claim you are the sole first class legal heir. Your husband's siblings are only second class legal heirs, and as such cannot have any right over your husband's property. Your getting remarried shall in no way take away your right of succession. As you rightly said, better inform the court through your advocate of the factual position if you get remarried.
The suit filed against u by ur in-laws claiming the property of ur deceased husband does not have any legs as they are the second class legal heirs of ur deceased husband. A hearing of non-maintainability petition with the question of their class of heirship will resolve the issue. My suggestion will be not to get married until u get the prioperty in ur name.
If the said information affects interest of your present case you have to inform. You can take instructions from your present lawyer handling the case. If it is not related to the present case it is not necessary to inform.
Yes you will loose that property. The day you get married you lose your rights as a Class I heir and all Class II heirs benefit.
Despite remarriage, you are entitled to equal share of your deceased husband's property. You cannot lose your said right merely on her remarriage with some other person.
You file for a succession certificate.
After obtaining succession certificate, you can file for partition of the said property.
1. On death of your wife you inherited her property along with other legal heirs if any.
2. This has nothing to do with remarriage with another person.
3.So you can carry on with the litigation as beofre and need not inform the court of your remarriage.
1. On death of your wife you inherited her property along with other legal heirs if any.
2. This has nothing to do with remarriage with another person.
3.So you can carry on with the litigation as beofre and need not inform the court of your remarriage.
Hello,
You will lose all the rights on the property of your dead spouse as soon as you get re-married. The other siblings will immediately raise this objection that you cease to have any right since you have married again.
regards
Dear Client,
Informing the court about re marriage will upheld ur bonafied.
The Hindu Widows' Re-marriage Act, 1856, which reads as under:
“2. Rights of widow in deceased husband's property to cease on her remarriage –
All rights and interests which any widow may have in her deceased husband's property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease and determine as if she had then died; and the next heirs of her deceased husband, or other person entitled to the property on her death, shall thereupon succeed to the same.”
But many courts have over ruled the above proposition and ruled in widow favor.A WIDOW WHO REMARRIES HAS RIGHTS IN HER FORMER HUSBAND’S PROPERTIES
Read links below.
https://timesofindia.indiatimes.com/india/Widows-can-get-share-of-property-after-remarrying-SC/articleshow/2796490.cms -- Supreme Court
https://www.legallyindia.com/views/entry/a-widow-who-remarries-has-rights-in-her-former-husband-s-properties - Bombay High Court
https://www.proptiger.com/guide/post/does-a-widow-who-remarries-have-a-right-in-her-former-husbands-property - Delhi Court
On the basis of these judgments, file application in court to dismissed civil suit.
i think you should not marry now. at least until property dispute resolved. if you get married again you will loose the right on your ex husband's property. therefore first get the property and then marry.
If your spouse died during the subsistence of your marriage then you automatically become the successor in interest to the property left behind by him especially when ther are no other surviving class I legal heirs.
On this basis you become the absolute owner of the property and your subsequent marriage will not bar you from acquiring this property as the class I legal heir to your deceased husband,
The case filed by the siblings seeking partition and their respective share in the property is not maintainable.
You being a class-I heir of your deceased husband, you are rightfully entitled all the properties left behind by him.
No, despite remarriage you will not forgo your right to claim this property.
But just in case, you must keep your lawyer informed regarding the factum of your remarriage.
Hi, if your spouse has written a will in your favour, then the property necessarily goes to you. In absence of the will also the same thing is applicable. It is suggested that your inform necessarily to the court through your lawyer regarding your second marriage.
