Kevin Moses Paul
29 January 2021
A few years ago, the Bombay High Court (HC) heard a case where the brother of a deceased man quoted the Section 2 of the Widow Remarriage Act 1856 and asserted that his sister-in-law who had remarried should not be allowed to inherit the property of her former husband. The court, however, ruled that a widow has the rights over her former husband's properties, even if she has remarried, as she would qualify as a Class I heir while the husband’s kin would be considered a Class II heir.
According to The Hindu Succession Act, 1956 mentions the distribution of property among heirs in class I of the schedule. The first rule says that if a person dies without leaving a will (intestate) then his widow, or if there are more widows than one, all the widows together, shall take one share.
While the husband's kin are counted among the Class-II heirs, the Class-I heirs who share their rights with the widow of the intestate, include - 1.) son,
2.) daughter,
3.) mother,
4.) son of a predeceased son,
5.) daughter of predeceased
6.) son, widow of predeceased son,
7.) son of a predeceased daughter,
8.) daughter of predeceased daughter,
9.) son of predeceased so of predeceased son,
10.) daughter of predeceased son of a predeceased son,
11.) widow of predeceased son of a predeceased son.
Down below is the link which may clear your doubts. Please see the link for more information on the topic -
https://indiankanoon.org/doc/37219/
