Has a widow right in first husband's property after second marriage?
mukesh
(Querist) 01 February 2011
This query is : Resolved
A was head of a family. B is his wife. C is his mother.Father is no more. 'A' committed suicide.a lot of debt is on A's property. B took all insurance claim with her. B also demanded rest money after auction of A's property by bank.Now B did second marriage within an year.How a widow mother can get her share from B.Please anyone can help for this case at Ahmedabad/gujarat? Please send me contact details.Thanks.
Kirti Kar Tripathi
(Expert) 01 February 2011
Since A at the time of his death having his two legal heirs i.e. his wife "b" and mother "C'. Under the Hindu Succession Act both B and C are his class-I legal heirs and as such both are entitled for equal share in his properties. As the B got marriage after taking amount, thus second marriage will not make any effect on her claim. However, mother can claim her share from wife, in case, wife has claimed entire properties of here deceased husband. If property was not vested in her before marriage, the entire property will go to mother.
R.Ramachandran
(Expert) 01 February 2011
I entirely agree with the views of Mr. Kirti Kar.
Since in this case the wife "B" had taken all the insurance money and also the surplus sale proceeds from the Auction of the property, mother of the deceased "A" can claim 50% of the said money being first class heir of "A". For this she has to file a suit for recovery of money. Please approach a local lawyer for doing the needful.
Arvind Singh Chauhan
(Expert) 01 February 2011
I want to add one more question here.
Whether widow can ask share in family pension of her husband, after remarriage and getting job on compensatory ground.
Here the mother of the deceased, has asked for family pension. Department issued to her family pension but she died mean while.
Now her second son is asking for arrears. Department is asking succession certificate for payment of arrears.
Whether wife is necessary party?
Whether she is still the member or legal heir of this family?
Ajay Gulati
(Expert) 02 February 2011
After contracting second marriage she has lost the status of widow and as such she is no more a Legal Heir and she is not a necessary party in the petition for grant of succession certificate.
Donot make her a party else you will complicate your own case.
