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Anita Rajesh   29 June 2021

widow lady want to married

if she having two child with her first husband so did she get the part of ex husband property after second marriage


Learning

 1 Replies

Umamageswari Maruthappan (-)     30 June 2021

Hello,

Greetings of the day!

In answer to the query you posted:

According to the Hindu Succession Act, 1956, a woman is entitled to her deceased husband's property even if she re-marries. Even though the Hindu Widow Remarriage Act, 1856 states that re-marriage would terminate a woman's right over her deceased husband's property, the Hindu Succession Act categorised the widow of a deceased person as his Class I Hier.

In Cherotte Sugathan vs Cherotte Bharathi (2008), the Supreme Court held that the provisions under the Hindu Marriage Act and the Hindu Succession Act would prevail over those under the Hindu Widow Remarriage Act.

In yet another recent case, it was held that re-marriage would not affect a woman's right to claim deceased husband's property.

If a woman is deprived of her right, a legal notice can be sent to the defendant, or a suit can be filed before the Civil Court having jurisdiction.

For more details, please visit: https://www.google.com/amp/s/www.tribuneindia.com/news/nation/widow-remarriage-wont-affect-right-to-claim-relief-says-supreme-court-237382

Hope this helps!

Regards,

Umamageswari Maruthappan

Law Student


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