Removing name from agri land when they did new marriage
Querist :
Anonymous
(Querist) 09 January 2023
This query is : Resolved
Hello,
Seeking advise on particular situation relating to someone in our near family.
How a name of a woman can be removed when her name was added into Ancestral property's succession list upon death of that woman's husband (as a widow of died family member). But later she re-married to someone else legally and not willing to sign the relinquish deed with her previous died husband's family and not ready to release her right on ancestral property?
what are the options to have her name removed from ancestral agricultural land if we have a marriage certificate of woman's new marriage and death certificate of her previous husband.
Querist :
Anonymous
(Querist) 09 January 2023
Additional contextual info pertaining to above query.
This is a request from the child of died person and he is not the child of a woman who is requested to release her rights from ancestral agri land succession list.
Sudhir Kumar, Advocate
(Expert) 09 January 2023
Meet loal lawyer with papers as the land laws differ in each state / area.
T. Kalaiselvan, Advocate
(Expert) 09 January 2023
The woman/widow cannot be forced to relinquish her rights if she has married another person subsequent to acquisition/inheritance of her share out of her husband's share in the ancestral property.
T. Kalaiselvan, Advocate
(Expert) 09 January 2023
The son of her husband do not have any rights to force his father's wife to relinquish her rights out of the share of property she inherited from her deceased husband's share in the property.
kavksatyanarayana
(Expert) 09 January 2023
I opine that all rights and interests which any widow may by law have in her deceased husband's estate shall upon her second marriage cease.
Dr J C Vashista
(Expert) 10 January 2023
Even after re-marriage of widow her succession right in the property left behind by deceased husband is intact, which cannot be taken away (by law). However, she may agree to relinquish her share, if she is persuaded.
P. Venu
(Expert) 19 January 2023
The facts posted lack clarity. How is that the property is ancestral? How is that the widow's name is in the 'succession list' - is it by succession or inheritance? Is it that the property belonged to her late husband and the property has devolved upon her (and other legal heirs) by inheritance? What do you mean by "child of died person and he is not the child of a woman who is requested to release her rights from ancestral agri land succession list"
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