Remarriage of widow can extinguished her right to share in husbands property
Adv.Vishal Anil Vyavahare
(Querist) 11 June 2012
This query is : Resolved
Hi Sir,
Good Morning.
My friend died in 2010.His widow wife and a son living in a Joint Family, there are some Joint family properties. Now widow wants to remarry so her right can automatically extinguished from JHF property. But her son going to live with his Maternal Uncle. JHF members ready to give share to Son but he is minor.
Is Notary Document is sufficient regarding above issue ?
* Can his widow Mother sign notary document on behalf of minor son ? or
* Is Registered Relinquish Deed of property is necessary To avoid future litigations ?
* In short sir JHF dont want to maintain any relations with widow and son.
So please suggest appropriate Remedy for above issue.And some case laws regarding that.
Thanks,
Adv. Vishal A. Vyavahare
Chandwad (Nashik)
Adv.R.P.Chugh
(Expert) 11 June 2012
1. The Husband's share on his death automatically devolved upon widow + son (with son's already existing share being qualitatively enhanced)
2. Now the widow has a share in the property vested in her - her remarriage won't disentitle her - she can get it culled out even before or after her remarriage.
3. As regards the son's share - why relinquishment deed ??? Go in for a Registered Settlement Deed where share or consideration in lieu of share is advanced to son.
Shonee Kapoor
(Expert) 19 June 2012
remarriage is no bar as the succession opens on the date of death.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.Vishal Anil Vyavahare
(Querist) 23 June 2012
Thank you all for providing such a valuable guidance regarding above mentioned query.
Thanks,
Ad. Vishal A. Vyavahare
