Remarriage of widow
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
Sir
My question is for India (Please answer based on Indian Law)
I have a sister who is a widow with a 13 yr old daughter. Since Her husband was working as pharmasist in Health Deptt. of UP Govt. she also got the job in the same deptt as a compensation after his death.She also gets the pension of her husband and some immovable property also transferred to her name , got from inheritance of her husband's side . Now we are planning a remarriage for her so I have some questions :
1.Will she get the benfit of pension even after remarriage
2.Will she have to loose the immovable property(Agricultural land) which she has got from her husband's side (Previous)
Your suitable advise will help us in taking decision for her remarriage.
Thanks & Regards
Isaac Gabriel
(Expert) 14 September 2011
She will not lose the job obtained on comassioante ground or the pensionary benefits as a family pensioner.With regard to the immovable properties, there may not be any problem until any claim is put forth from her husband's side.
R.Ramachandran
(Expert) 14 September 2011
1. The job which she got on compassionate grounds will not get affected, due to her remarriage. In other words, she can continue in her job even after remarriage.
2. Upon remarriage, she will not be entitled to get family pension. She has to intimate the department forth with (without any delay) about her remarriage. She should also intimate the pension Section / Pension Sanctioning authority about her remarriage and that her family pension be stopped, in case she is not eligible for it. She should submit this written application through proper channel and retain one copy. If thinking that “it is for the department to stop the Family pension and why I should intimate myself”, she fails to intimate about her remarriage and draws the family pension, then she can be charged for this and even there may be danger to her present JOB. Therefore, it would be in her own interest to immediately intimate the department about her remarriage as indicated herein above. IT IS VERY IMPORTANT.
3. The immovable properties that she might have inherited from her husband, would not get affected due to remarriage. Earlier, as per Section 2 of the Hindu Widows Remarriage Act, 1856, a widow was forfeiting the right in the inherited properties, upon her remarriage. The 1856 Act has been repealed by the Hindu Widows' Remarriage (Repeal) Act, 1983. Section 14 of the Hindu Succession Act 1956, subject to certain qualification, confers full heritable capacity on a female heir in respect of the entire property acquired by her, whether before or after the commencement of the enactment. It is now judicially settled that once a widow succeeds to the property and acquires absolute right under the Hindu Succession Act, 1956, she cannot be divested of that right on remarriage.
Thus she will continue to have the inherited property without any disturbance, even after remarriage.
Raj Kumar Makkad
(Expert) 14 September 2011
Noting remains to be added in detailed reply of Ramachandran.
