• Inheritance of property

My huband died in 1975.i have a daughter in that marriage. Later i re-married and i am presently living with my re-married husband. my first husband died intestate. While he died, his mother was alive. She died in the year 1994. she has 4 sons. my first husbands property is not yet divided. Hindu marriage act 1955 has been amended for Kerala in 2016. Now i hear that the share inherited by my first husbands mother from her pre-deceased son will go to me and my daughter only on her death and not to her other sons. Since the law came into effect in 2016 only and since my first mother in law died in 1994, which law will be applicable? Will my first mother in law and her other sons( apart from my first husband who is also her son) get a share in my husbands property or am I and my daughter are the sole legal heirs of my first husbands property?
Asked 7 days ago in Property Law from Thiruvananthapuram, Kerala
Religion: Hindu
Dear Client,

Amendment will apply to those proprieties which not partition. 
And in your case just after her death, property inherited to her children and your husband share in you. 
You and daughter entitle to your deceased husband share only.
After his death, his property must be divided by 1/3 rd each in You MIL and daughter.
Yogendra Singh Rajawat
Advocate, Jaipur
5755 Answers
4 Consultations

4.7 on 5.0

Mam the amercement is in Hindu Succession Act, check same http://kja.gov.in/data/pdf/hc-cir-amd/HSA%201.pdf further the amendment is not retrospective it would be applicable cases after 2016 amendment only see even the property is not divided the right has been already created on her death so now that cannot be taken away. So from mother share the husbands brothers will get the share,
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

Hello,

Please tell me as to when did you re marry
Anilesh Tewari
Advocate, New Delhi
11837 Answers
153 Consultations

5.0 on 5.0

Also the section is not applicable to you as the amendment has a prospective effect and not retrospective effect. 

Regards
Anilesh Tewari
Advocate, New Delhi
11837 Answers
153 Consultations

5.0 on 5.0

Widow after getting remarriage cannot claim her share in former husband's ancestral properties,
The children have absolute right over the properties but the widow who got remarried after death of her husband have also right over the self acquired properties of deceased husband.
Mohammed Mujeeb
Advocate, Hyderabad
2034 Answers
1 Consultation

4.8 on 5.0

Remarriage has not effect on inheritance right.
You husband property will divide 1/3rd each to you and daughter. rest 1/3rd to his mother.
Yogendra Singh Rajawat
Advocate, Jaipur
5755 Answers
4 Consultations

4.7 on 5.0

The amendment to Hindu succession act would have prospective effect ie from October 2016 

2) it would not be applicable in your case as your mother in law died in 1994 


3) on mother in law demise her one third share would devolve on her other sons too 

4) you and your daughter would not be sole legal heirs
Ajay Sethi
Advocate, Mumbai
52016 Answers
3099 Consultations

5.0 on 5.0

1. After the demise of your husband, intestate, in the year 1975, his properties were to be equally inherited by his mother, yourself and your daughte.

2. Since you have remarried before cxlaiming your share of your 1st husband's prperties, it will now be equally divided between your mother in law (or her legal heirs after her demise intestate) and your daughter.

3. If the amendment is with prospective effect, then it will not be applicable in your case.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

If the said amendment is with prospective effect, it will not be applicabe in your instant case.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

The amendment to Hindu succession act would have prospective effect only 

On Your mother in law demise her other children would inherit her share as she died in 1994
Ajay Sethi
Advocate, Mumbai
52016 Answers
3099 Consultations

5.0 on 5.0

1. You shall not be entityled to the share of your 1st husband's properties after his death intestate since you have remarried before claiming his share.

2. Your daughter will inherir 500% of the said property and the remainingf 50% will be inherited by the legal heirs of your late mother in law.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

Your analysis is correct that her other sons would inherit mother in law share 

You would not forfeit your share on remarriage
Ajay Sethi
Advocate, Mumbai
52016 Answers
3099 Consultations

5.0 on 5.0

1) The case scenario will be applicable 1994 law when your first mother in law died. And from first husband's property your daughter will be getting property's share.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

No you will get your share if even remarried.daughter is leg heir and she will get equal share as her grandmother and you.
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

i guess i have replied to the query elsewhere

even if you remarry, you will not lose right in first husband's property

on the date of his demise, you became one of his legal heirs alongwith your daughter and mother in law

so you have a legal share in his property despite your second marriage
Yusuf Rampurawala
Advocate, Mumbai
2052 Answers
6 Consultations

5.0 on 5.0

Your deceased husband's share of property will devolve on his own legal heirs, since you have remarried, you are no more his legal heir.
The property on his name as his share shall devolve on his biological daughter alone.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

As per the amendment also, this property shall devolve on his only surviving legal heir i.e., your daughter alone.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

Since your mother in law has also died, the share of his property shall devolve on your daughter only.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

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