Widows are not treated the way they used to be treated in the earlier days. Earlier, widows were subject to a lot of discrimination especially with respect to property. They were not given properties belonging to them, when they were really in need of money. They used to be harassed by their husband's family. But now things have changed. There are laws to support women who have lost their husbands. In this blog, we will discuss the property rights of widows in India.
The common questions are, Do widows have a right over their husband's property? What if they choose to remarry after their husband's death?
As per earlier laws, women were not allowed to inherit their deceased husband's property, if they chose to remarry.
According to Section 2 of the Hindu Widows' Remarriage Act, 1856, “All rights and interests which any widow may have in her deceased husband's property … shall upon her remarriage cease; and the next heirs of her deceased husband, or other person entitled to the property on her death, shall thereupon succeed to the same.”
Now, this act has been revoked. Under the provisions of the Hindu Succession Act, 1956, widows who choose to remarry do have a right on their deceased husband's property.
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Recently, Bombay High Court had passed a verdict that widows need not give up deceased husband's property, even if she remarries. The High Court took this decision when brothers of the deceased, backed by Section 2 of the Widow Remarriage Act 1856, said that their sister-in-law who is remarried should not be allowed to inherit deceased husband's property. But, the high court said that the widow is still grouped under the Class-I heir of the deceased husband and she should be allowed to inherit the property.
The deceased husband's kin come under Class-II heirs
These are the people who come under Class-I heir:
Note:
1. Even adopted sons and daughters are counted heirs.
2. Children born out of void or voidable marriages are considered to be accepted and are entitled to succession.
3. If there is more than one widow, the property of the deceased person will be equally shared.
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