Second Marriage

The Nagpur bench of the Bombay High Court has held that a re-married widow has a right to her deceased husband's property, if she was not re-married when the husband passed away. The term used by the Court to describe this situation was "the day the succession opens."

The status of a woman as a widow must be there on the date when succession opens, even if she remarried at a later date. The wordings “if on the date the succession opens” does not find place in Section 2 of the Hindu Widow’s Re-marriage Act, 1856. So, we have to respect intention of the legislators while incorporating these provisions in Section 24 of the Hindu Succession Act, 1956,” justice Shriram Modak said.

 Except as provided in the two preceeding sections, a widow shall not, by reason of her remar- riage, forfeit any property or any right to which she would otherwise be entitled; and every widow who has re-married shall have the same rights of inheritance as she would have had, had such marriage been a first marriage.

Yes,wife has right to claim share in her deceased husband's property  even after remarriage. 

The Widow Remarriage Act of 1856

All rights and interests which any widow may have in her deceased husband's property shall upon her remarriage cease; and the next heirs of her deceased husband, or other person entitled to the property on her death, shall there upon succeed to the same.

 However, this Act has been repealed. Under the provisions of the Hindu Succession Act, 1956, widows who choose to remarry do have a right on their deceased husband's property.


Section 4 of Hindu Widow Remarriage and Property Act, provide as'

"4. Rights of widow in deceased husband’s property to cease on her re-marriage.—

All rights and interests which any widow may have in her deceased husband’s property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry, only a limited interest in such property,

HINDU WIDOWS’ REMARRIAGE AND PROPERTY ACT, 1989 with no power of alienating the same, shall upon her re-marriage cease and determine as if she then died ; and the next heirs of her deceased husband, or other persons entitled to the property on her death, shall thereupon succeed to the same :

Provided always that, if in any caste, of Hindus, widow remarriage was permitted prior to the passing of this Act and a widow was not thereby deprived of rights mentioned in this section, its provision shall not operate to deprive her of such rights. 

What is the context of for this query? Please post concise facts as well the context. Moreover, any suggestion depends upon the personal law as applicable.