• A widow who remarries has rights in her former husband’s properties

Does a Widow who remarries has rights in deceased former husband's property share to get from her father in law.?

1. I have married in 1983, after twenty years my husband died in 2003 in sick i have one daughter,  the property was not partioned at that time. in 2013 i got remarried my daughter aged 20 yrs, is  with me. do I have the rights to claim my diseased husbands property share from my fatherinlaw? any supreme court order is there, act no? please.

2. My ex husband's father has written a will in 2014 without mentioning his name (simply hide his name) and has not giving any share for my daughter (grand daughter) and died. How to tackle the problem. Can I claim for the share?. do i have the right ?


Suja
Asked 10 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) yes even after remarriage widow has right in her deceased husband property 

2) please note that if it is father in law self acquired property you cannot claim any share for your self or your daughter 

3) your FIL can dispose property as he pleases .

4) in present case your FIL has by will bequeathed his property to other legal heirs . 

5) your daughter cannot claim any share 
Ajay Sethi
Advocate, Mumbai
23371 Answers
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1. The law of inheritance operates immediately on death of your husband.
2.in this case you are entitled to the share of your husband in the year 32003 which right you can exercise now also. Your subsequent marriage is of no hindrance.
3. File a suit for partition to claim your rights.His Will shall have no effect.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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If the property in question was the self acquired property of your ex father-in-law then no succession survives to you or your daughter as your ex husband had no share in the self acquired property of his father. If, however, your ex husband had a self acquired or ancestral property then his heirs i.e you and your daughter can cull out your share therein by filing a suit for partition.
Ashish Davessar
Advocate, Jaipur
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Widow after getting remarriage cannot claim her share in former husband's ancestral properties. Husband's self acquired properties devolve upon wife immediately after death of husband so she can claim it after remarriage. 

Your daughter has right in the ancestral property. She should file a case and challenge the validity of WILL. that will is illegal because her grand father had no right to transfer all the properties by WILL to selected heirs. all heirs have equal right.   
Shivendra Pratap Singh
Advocate, Lucknow
2772 Answers
41 Consultations
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Sadhu Singh vs Gurdwara Sahib Narike & Ors AIR 2006 : Gostha Behari vs. Haridas Samanta [A.I.R. 1957 ] ; Taggina Matada Kotturuswami Vs. Setra Veeravva and others [ AIR (1959) ] : According to Hindu succession act a daughter has right in father's ancestral property and it cannot be prevented by making WILL .
Shivendra Pratap Singh
Advocate, Lucknow
2772 Answers
41 Consultations
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Hello,
1) Once you have remarries you do not have any claim in the property of your former husband's property.

2) Your daughter from the marriage has however a right in the share of her father's property.

3) If the property of your father in law was self acquired and he had excluded your former husband from all rights it would become difficult for your dasughter to make a claim. She can challenge the will though.

4) If the property in question was ancestral property your daughter can certainly stake a claim on her share.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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1. Wife has no claim on her husband's share of the property after her remarriage,

2. Moreover, this property does not belong to your husband since his father has executed a will in favour of others and the owner of the property has the right to bequeath his propert to any body he wishes to,

3. Based on the above neither you nor your daughter can claim any share on the said property unless you can prove the aid will as invalid.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Does a Widow who remarries has rights in deceased former husband's property share to get from her father in law.?
After re-marriage?, NO.



1. I have married in 1983, after twenty years my husband died in 2003 in sick i have one daughter,  the property was not partioned at that time. in 2013 i got remarried my daughter aged 20 yrs, is  with me. do I have the rights to claim my diseased husbands property share from my fatherinlaw? any supreme court order is there, act no? please.
First of all you have lost all the rights of your deceased husband's share and interest in the properties after remarriage. Secondly, you cannot claim a share in your father-in-law's property during his life time even if you are not remarried after your husband's death because if your husband is not entitled to any share in it you will also not be entitled to any share that never belonged to your deceased husband.




2. My ex husband's father has written a will in 2014 without mentioning his name (simply hide his name) and has not giving any share for my daughter (grand daughter) and died. How to tackle the problem. Can I claim for the share?. do i have the right ?
If your father in law has not bequeathed any property on you daughter's name, she cannot claim it, provided this property was your father in law's own and absolute property. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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