remarriage
Querist :
Anonymous
(Querist) 25 December 2010
This query is : Resolved
R/experts,
Can Hindu widow claim any right in the immovable or other pecuniary property of her first husband's family after remarriage? If yes,by which section and which act.
A V Vishal
(Expert) 26 December 2010
The Supreme Court has ruled that a widow, even after her remarriage, is legally entitled to get a share of her first husband's inherited property.
This reiteration of the legal provision came from a Bench comprising Justices S B Sinha and V S Sirpurkar while it dismissed a petition by one C Sugathan's heirs, who had challenged a Kerala High Court judgment allowing inheritance rights to their paternal uncle's widow even after her remarriage.
The property in question belonged to one Pervakutty, who willed it in favour of his sons - Sugathan, Surendran and Sukumaran. Sukumaran, who died in 1976, was married to Bharathi. Bharathi married one Sudhakaran, who also died in 1979.
But, when the question of sharing the property inherited from Pervakutty arose between his heirs, none were ready to give any share to Bharathi on the ground that she had remarried after Sukumaran's death. The HC held that in the facts of the case, coupled with the provisions of the Hindu Succession Act, Bharathi was entitled to her share in the property.
The apex court, rejecting the appeal against the HC judgment, said, "The succession law brought about a sea change in Shastric Hindu Law. Hindu widows were brought on equal footing in matters of inheritance and succession along with the male heirs."
"Section 14(1) stipulates that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, will be held by her as a full owner thereof," said Justice Sirpurkar, writing the judgment for the Bench.
Kirti Kar Tripathi
(Expert) 26 December 2010
In my opinion, in case, the property of of deceased husband vested in her before marriage, she will be absolute owner of the said property and remarriage will on have no effect her rights in the Estate. However, in case, she the property is not vested in her before remarriage, she can not claim and share of her deceased husband will go to other legal heirs.
