• Widow's right who sebsequenty remarried

My father left property for all 4 sons  in individual names.One son died but the time of death he was married but after his death, his widow remarried to someone else but got divorced.She has a child from first marriage who is 20 years of age now.
Who is entitled for  deceased's property and in what proportion as far as daughter and remarried widow( but now divorced) are concerned?
Asked 6 months ago in Property Law from United Kingdom
Religion: Hindu
1) on demise of her husband his wife and son would be legal heirs of his one fourth share in property 

2) it is immaterial whether she  remarried or not after her husband demise 

Ajay Sethi
Advocate, Mumbai
29791 Answers
1619 Consultations

5.0 on 5.0

The widow who remarried ceased to be the legal heir to her deceased husband after her remarriage, as a corollary to which she also ceased to have any right, title or interest in the property of her first husband, but the daughter continues to be a legal heir to her deceased father's property. If the daughter is the only child to her deceased father then she succeeds absolutely to her father's property.
Ashish Davessar
Advocate, Jaipur
20072 Answers
531 Consultations

5.0 on 5.0

1. Since at the time when succession opened the widow was lawfully married with the son, she and the child legally inherited the property of the deceased son 
2. The subsequent remarriage of the widow is no consideration here.
3. Both the widow and the child have equal share in the property of deceased son.
Devajyoti Barman
Advocate, Kolkata
7702 Answers
92 Consultations

4.9 on 5.0

1. Only the Mother of the deceased(if alive) and the daughter are entitled to the deceased person's property.
2. The deceased person's widow can not claim her share of the property now since her marital status now is divorcee. If she had continued as the deceased person's widow even now, then she was entitled to equal share in her deceased husband's property or before marrying for the second time, she should have claimed her share in the deceased husband's property.
Shashidhar S. Sastry
Advocate, Bangalore
1353 Answers
77 Consultations

5.0 on 5.0

1. Your father left his property in favour of his 4 sons through some legal instrument.

2. Were all his sons alive at the time of the death of your father?

3. If yes, then after  the time of death of your father, all his sons became the absolute owner of their shares of their father's property.

4. After owning his share of his father's property, your aid brother died leaving his wife and son.

5. The Widow of your said demised brother has already become owner of her share of her deceased husband's properties along with her son which includes her deceased husband's share on his deceased father's property.

6. Based on the above logic and argument, she also is entitled to the share of her deceased husband's properties despite the fact that she has remarried and divorced.

7. Had it been an ancestral property not acquired by her husband during his death, she would have any right to claim it  since she had married again.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
315 Consultations

5.0 on 5.0

The widow of your brother after getting married to some other person and if had not availed the rightful and respective share from her deceased husband's property, then she may not eligible to claim a share at this date.
Her son who is the biological son of his deceased father can very well claim his father's enire share.
Since she is married she can claim maintenance from her second husband,


 
T Kalaiselvan
Advocate, Vellore
19929 Answers
193 Consultations

5.0 on 5.0

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