Fri. Sep 18th, 2020

Widow who remarries does not lose rights over late husband’s property

1 min read

Bombay High Court: In a
judgment, a bench comprising of VM Kanade and CB Colabawalla, JJ  has ruled that a widow, even after she has
remarried, has the rights over her former husband’s properties. In the present
case, the petition was filed by a man against his former sister-in-law who had
claimed the right over her deceased husband’s properties after she married
another man.The brother of the deceased relied  on the provisions of the  Hindu Widows’ Re-marriage Act, 1856, which
stated the limited right and interest which a widow had in her deceased
husband’s property would cease to exist if she remarries without express
permission, and the next heirs of her deceased husband, or other persons
entitled to the property, shall thereupon succeed to the same.

The Court ruled that provisions of the Hindu
Succession Act, 1956 would prevail over the repealed Hindu Widows’ Remarriage
Act, 1856. There was no provision in the Hindu Succession Act, 1956 which was
pari materia with section 2 of the Hindu Widows’ Re-Marriage Act, 1856. The
Court further observed that even after remarriage  she would qualify as Class I heir and the
husband’s kin would still be a Class II heir. 
It was further observed that a woman doesn’t lose rights over her dead
husband’s properties – moveable and immoveable even if she remarries. [Sanjay Purshottam Patankar vs. Prajakta Pramnod
Patil, 2015 SCC OnLine Bom 3487, decided on 25th June, 2015]

 
Source: Legal news India

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