Widow, who remarries cannot be deprived of her share in her dead husband's property despite a change in her marital status.
Re-married wife's right on her expired husband's share on his ancestral properties.
Hi, I have 3 sisters and 4 brothers. One of the brothers expired in 2005. He does not have a child. His wife got re-married in 2008. One portion of our mother's ancestral properties was remaining un-partitioned. That property was lying un-partitioned because of the disputes between our mother and 2 sisters. Now those three sisters are no more and their children numbering around 21 has decided to partition the said property. Then my expired brother's widow who has got re-married in 2008(and having no children) have come up with a claim on the property. Does she have a lawful claim on the said property?
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
13 Answers
1. Re-Married Wife of Deceased brother without any Children, shall have no claim /right on any ancestral property, whatsoever.
2. However, IF deceased brother had any children, THEN such children would have claim /right on the ancestral property.
A divorced widow does not have any claim to her ex husband's property whether ancestral or self occupied irrespective of her marital status.
There is a judgement that remarried wife doesn't have share in the husbands ancestral property
On demise of your brother his wife would inherit his undivided share in property
2) on her remarriage she dies not lose her share in property
Hindu succession act entitles only the children to claim share as a coparcener of ancestral property.But widow after remarriage loses stake to claim.
I have come through a news magazine report otherwise. Please comment on it. It is pasted below: THE NEWSWIRE NATIONALINTERNATIONALBUSINESSSPORTART & ENTERTAINMENTBOOKS & CULTURESOCIETY 19 FEBRUARY 2008Last Updated at 6:36 PMNATIONAL Remarried widow has a share in dead husband's property: SC New Delhi, Feb 19 (PTI) A widow who remarries cannot be deprived of a share in her dead husband's property, the Supreme Court has ruled. The widow becomes an absolute owner of the deceased husband's riches to the extent of her share as the provisions of the Hindu Succession Act 1956 would prevail over the earlier Hindu Widow's Remarriage Act 1856, a bench of Justices S B Sinha and B S Sirpurkar said. The apex court passed the ruling while dismissing an appeal filed by Cherotte Sugathan and other legal heirs challenging a ruling passed by a civil court in favour of a widow Cherotte Bharathi, which was affirmed by the Kerala High Court. Sugathan and other claimants had submitted that Bharathi was not entitled to any share in her deceased husband's property since she had married another man. They quoted Hindu Widow's Remarriage Act 1856 in support of their contention. According to the Act, all rights and interests which any widow may have in her deceased husband's property by way of maintenance, or by inheritance, shall cease upon her re-marriage. But the two lower courts had ruled that the widow Cherotte Bharathi was entitled to a share in the property of her deceased husband in view of the subsequent enactment of the Hindu Succession Act which removed the disqualification provision for the widows. Aggrieved by the ruling Sugathan and other claimants filed the appeal in the apex court. Since the Hindu Marriage Act provided for absolute ownership for a widow over her deceased's husband property, she cannot be deprived of the same even after her marriage to another person, the apex court said while dismissing the appeal. ................................................
Asked 6 years ago
I have already stated that widow would be entitled to share in her deceased husband property and does not lose her share on remarriage
If any such order is there it needs to challenged in higher bench. Widow term is not applicable to divorce(e) following the death of an ex-spouse.
At least law does not allow this.
Yes she can claim husbands property but not ancestral.
Yes she has lawful claim over the property, she has right over the share of her deceased husband even after the remarriage.
The apex court held that the widow women has right after remarriage.
Once your sister in law remarried she lost her rights in her deceased husband's properties provided she is claiming them after her remarriage.
If she had remained unmarried after the death of her husband then she is entitled to her deceased husband's share in the property as his legal heir.
The referred supreme court's judgment is bit confusing, shall revert after perusing the said judgment.