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Rahul (CEO)     06 September 2019

surviving member certificate

Hello All,

I have few questions to ask

1. If woman consider a legal heir in her husband property after remarriage?

2.If children from second marriage consider a legal heir in the property of first husband property

3.Do we need to mention deceased wife' name in the surviving member certificate? or just the only son of deceased husband would be considered as surviving member

thanks


Learning

 5 Replies

Shashi Dhara   07 September 2019

After remarriage the first wife looses her righton his property .if she files suit on her deceased husband's property before her 2nd marriage she will be entitled.2) no he cannot claim
1 Like

Shashi Dhara   07 September 2019

Contact eminent advocate and take his advice.

jayakumar.j (advocate)     07 September 2019

The husband's property will go to his son born with you, and you have no claim after your second marriage.marriage 

1 Like

Rahul (CEO)     07 September 2019

thanks all for your response but there are some judgement thar uphold wife's write even after remarriage I am quoting one below please respond

"Hindu Succession Act, 1956, would override the provisions of the repealed Hindu Widows' Remarriage Act, 1856. The court held that even after remarriage, a widow would qualify as Class-I heir, and her late husband's kin would still be the Class- II heir. The judge concluded that a woman doesn't lose the right over her dead husband's properties — moveable and immoveable — even if she marries.

In the same breath, Section 23 of the Hindu Succession Act, disentitles a woman from seeking partition in respect of a dwelling occupied by a joint family until the male heir chooses to seek partition of the property to divide the respective shares. This is why, Sahu will have to wait till the head of her late husband's family divides the shares among the legal heirs.

Inserted in the Act in 2005, this Section gave daughters the same right as sons to reside in and claim inheritance in the ancestral property but failed to talk about widows seeking a share in their deceased husband's property. In 2008, the Supreme Court also held that a widow, who remarries cannot be deprived of her share in her dead husband's property despite a change in her marital status."



  
1 Like

P. Venu (Advocate)     07 September 2019

Remarriage would not divest the widow of the property rights already vested with her sue to inheritance. However, her second husband, in the absence of any children borne of the subsequent marriage, would not be the legal heir to the property inherited incidental to her first marriage.

Perhaps, the facts of the matter could have enabled a more informed discussion.

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