Vipul Gandhi (AGM) 17 January 2011
Family of three, unmarried elder brother, married younger brother and younger brother's wife. Younger brother died instate. Ancestral immovable property held by elder brother and younger brother. By virtue of Hindu Succession Act, 1/2 share in property vests into deceased brother's wife. What happens if widow of younger brother gets remarried? Whether her rights in ancestral property forfeited or continued to be vested with her?
Arup (UNEMPLOYED) 18 January 2011
legally the property right will be continuing.
the ground is, widow got property right just after the death of her husband.
but if the said property not yet partioned, remarriage will complicate the matter.
therefore take the possesion first, thereafter declare the marriage.
legally the widow has the property right.
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