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SHEKHAR KUAMR (PROPRIETOR)     09 October 2013

Property right of widow if want to remarry

Dear Sir

 

I have following question

 

1.   If window of deceased want to remarry, what is the position of right in property of deceased husband ?

 

Assuming that deceased husband have two minor children one 7 year old and other 4 years old, widow mother and brother married all live in joint family & having joint family business.

 

Some property was inherited to her father in law by grand parents and some was acquired by father in law by his own. 

 

2.  If window of deceased remarry, who has legal right for custody of minor children of deceased ?

 

3.  If she remarry after getting the property of her husband transferred in her name and do not take responsibility of her two minor children.

 

4.  can widow mother in law or brother in law deny the right of widow on her transfer of property ?

 


Learning

 2 Replies


(Guest)

Dear Sir

 

I have following question

 

1.   If window of deceased want to remarry, what is the position of right in property of deceased husband ?

 

Opinion: No right.....once remarried the responsibility and tie up goes to her next husband.

 

Assuming that deceased husband have two minor children one 7 year old and other 4 years old, widow mother and brother married all live in joint family & having joint family business.

 

Opinion: The biological child from her deceased husband will have the intact right's on inheritance property as well as self owned property of her husband if a testamentary will was not there in which the right's have been deprived by such father.

 

Some property was inherited to her father in law by grand parents and some was acquired by father in law by his own. 

 

Opinion: Same as above.

 

 

2.  If window of deceased remarry, who has legal right for custody of minor children of deceased ?

 

Opinion:The right's of visitation is upheld by her natural mother if the custody of such child is not taken by her and such child is not adopted by his/her step father.

Hence,the custody of child is very much open by all blood relatives of both natural parent's after demise of husband. The custody will be provided by going through GWA.

Here,the right's under GWA is till the child doesn't attain's the age of majority.

 

 

3.  If she remarry after getting the property of her husband transferred in her name and do not take responsibility of her two minor children.

 

Opinion: It's matter of arguement and the decision will be held by court on such issues after considering the fact's and circumstances with proper evidences led by the aggrieved person.

 

 

4.  can widow mother in law or brother in law deny the right of widow on her transfer of property ?

 

Opinion: If she is not re-married then deceased husband's self earned property can't be held by her MIL and BIL if no will was prepared in favour of them before his death.

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

Mr. Suferer has opined correctly, nothing more to add


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