What are the Rights of widow on husband's property?
Team SoOLEGAL 28 Aug 2023

What are the Rights of widow on husband's property?

Over 50 million widows are believed to live in India. Society has to treat such a percentage of women with equal respect, recognising their rights that these women are unaware of. Inheritance rights of widows on their husband's property is one such privilege that widows fail to capitalise on due to a lack of legal information.

After her husband's death, a woman retains property rights based on how he earned ownership, which might be self-acquired or ancestral. Once the property's title has been determined, the next question is what kind of ownership that the couple shared before to the husband's death.

Inherited rights based on the form of acquires and religion:

·       Hindu Law

According to the Hindu Succession Act of 1956, a wife can inherit the property of her husband after his death intestate.

·       Self-Acquired

The legal heirs of a male dying intestate receive his property after his death, and the wife, who falls under the Class I heirs’ category, receives the husband's property after his death equally or in a share specified in the husband's testament.

·       Ancestral Property

A wife has no legal rights to her husband's ancestral property as her own; nevertheless, she can claim a portion of her husband's estate after his death from her in-laws.

·       Christians

The property is deemed self-acquired regardless of how it was obtained. Along with his other legal heirs, the wife has a claim to the property.

·       Muslims

If there are children, the wife receives one-fourth of the husband's property; if there are no children, the wife receives one-eighth of the husband's property.

The Remarriage Act of 1856 recognised a widow's rights to her husband's property

All rights and suits that a widow may have in her deceased spouse's property should be contingent on her remarriage. The beneficiaries of her deceased spouse, or any other person entitled to the property upon her death, shall be the same.

However, the Hindu Succession Act of 1956 abolished this Act. Widows who choose to remarry have a right to the property of their deceased spouse.

Section 2 of the Hindu Remarry Act of 1856 states that

The rights of a widow in the property of a deceased spouse are determined by the termination of their marriage (when she remarries). All claims and interests a woman may have in the property of her deceased husband:

·       By keeping.

·       Or by legacy to her spouse or the successor of that Property.

·       Or by any will consult upon her.

·       Without giving consent to marry again.

Key Provisions Relating to Widow's property rights

·       According to the Hindu Widow's Remarriage Act of 1856, any claims and rights that a widow may have in her deceased spouse's property must be based on the termination of her remarriage and the other legal heirs of her spouse or other person entitled to have an interest in the demised one's property.

·       According to the Hindu Succession Act of 1956, women who remarry retain the right to their deceased spouse's property. Her part of the property is not affected by her marital status.

·       Hindu law held the legal necessity as a state in which women whose spouse passed away had the ability to sell their property. These were instances in which she required funds to make grants or to carry out rites in memory of her marriage. This legal need includes the costs of the daughter's wedding.

Hindu widows' claim to their spouse's property

Where immovable Property is purchased by a Hindu widow in possession of her deceased spouse's inheritance out of the proceeds of the inheritance, such Property does not always emerge into a pile of the husband's Property. Throughout her life, the widow has complete control over it. Still, it is only feasible if she treats it as an accumulation of her spouse's inheritance or leaves it undisposed of upon her death. As a result of such inheritance, that Property will evolve.

A widow in sole possession of her spouse's estate is not required to account to anyone. However, she is free to do whatever she wants with the Property during her lifetime, as long as she does not harm the revision.

If a man dies leaving more than one widow, the property might be divided in court according to the share. The court may order them to divide a portion of their property. Other than that, they can divide it as a mutual agreement. Yet, they have no right to divide the Property in the proper sense. One's share of the Property will go by the right to the other.

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For additional information, contact our expert Family lawyers, who will provide you with easy solutions. Please contact us by email at or call us at +91 9810929455.

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