Widow who remarries does not lose rights over late husband’s property CASE BRIEFSHIGH COURTS Published on July 23, 2015By Editor 1 Comment 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 The Court ruled that provisions of the Hindu Succession Act, 1956 would prevail over the repealed Hindu Widows’ Remarriage Act, 1856.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 Share this: Click to print (Opens in new window)Click to share on Twitter (Opens in new window)1Click to share on Facebook (Opens in new window)1Click to share on LinkedIn (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Telegram (Opens in new window)More Related Succession to a Hindu male dying intestate will vest only in the widow excluding the daughters January 16, 2016 In “Case Briefs” Law does not restrict the eldest female coparcener of HUF property from being its Karta February 6, 2016 In “Case Briefs” Gau HC | S.6 of Hindu Succession Act doesn’t apply to Dayabhaga school law; Proviso to S.6 (1) or S.6(5) not applicable in case of fraudulent transaction March 4, 2019 In “Case Briefs” TAGGED WITH: property Avatar Written by Editor Post navigation PREVIOUS STORY Compensation of Rs. 5 lakh awarded for failure of doctors to diagnose foetal anomalies NEXT STORY Necessity for decriminalizing Sections 499 and 500 of IPC (defamation), discussed WE RECOMMEND CASE BRIEFSFOREIGN COURTS Amendment to pleadings should be allowed, if there is no prejudice to the respondent HIGH COURTS Live in relationships comes under the purview of Section 376 IPC CASE BRIEFSTRIBUNALS/COMMISSIONS/REGULATORY BODIES Notice issued to Union Home Ministry on allegations of draconian approach over renewal of FCRA license to NGOs of Human Rights Defenders ONE COMMENT Avatar Jaswant bohra Feb 27, 2019 So usefull REPLY JOIN THE DISCUSSION Your email address will not be published. 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Byudaen

Apr 7, 2019
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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


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