Husband rights on deceased hindu wife property if he remarry?
shyama
(Querist) 12 February 2014
This query is : Resolved
Mrs A died leaving her one daughter now husband remarry.I want to know who will have share in the house which was on the name of Mrs.A?(gifted by her father but no proof of that).can the husband claim nullified as he remarry and his portion revert back to Mrs A parents?
ajay sethi
(Expert) 12 February 2014
did mrs A leave any will or she died intestate?
A Hindu woman's property upon her death, devolves first upon her children (and grandchildren through any predeceased children) and her husband in equal shares.
mere remarriage does not dis entitle husband for his share in property .
shyama
(Querist) 12 February 2014
Sadly, she died intestate.Even if husband marry again his right on dead wife property remains?
Rajendra K Goyal
(Expert) 12 February 2014
Her daughter with her father would have equal share if no other legal heir exist.
shyama
(Querist) 12 February 2014
Mr.Rajindra K Goyal,
Who would be other legal heir in this case?
Guest
(Expert) 12 February 2014
Student's academic query, not a personal problem of Ms. Shyama!
You need to study your classroom modules or the related Acts, if you really want to become a successful advocate.
shyama
(Querist) 12 February 2014
Dr.Dhingra first thing this is not a acedemic query,m nt even a lawyer at the first place.
Second, I think u shd encourage people to cm with their problms rather than snubbing them like this.
Mrs A is my cousin whom her father bought a flat in kolkata after marriage.My cousin died during childbirth leaving a daughter and her husband remarry after 6 months.now he is leaving in same flat with his new wife and behaving vy badly with my dead cousin's father.Now is there any way they can reclaim that flat which was on the name dead cousin sister?
shyama
(Querist) 12 February 2014
Dr.Dhingra first thing this is not a acedemic query,m nt even a lawyer at the first place.
Second, I think u shd encourage people to cm with their problms rather than snubbing them like this.
Mrs A is my cousin whom her father bought a flat in kolkata after marriage.My cousin died during childbirth leaving a daughter and her husband remarry after 6 months.now he is leaving in same flat with his new wife and behaving vy badly with my dead cousin's father.Now is there any way they can reclaim that flat which was on the name dead cousin sister?
Devajyoti Barman
(Expert) 12 February 2014
Since her husband remarried after death of his wife, the inheritance ha already occurred. So remarriage does not disentitle him over the property.
However the child has equal share over the flat along with the father.
