By Dr. K. Shivaram, Ajay R. Singh, Advocates
New Page 5
25 Hindu Law : Widow inheriting property of her husband on
his death cannot be divested on subsequent remarriage : Hindu Widow’s Remarriage
Act, S. 2 (Repealed) and Hindu Succession Act 1956.
The properties in dispute belong to one Sri Perva-kutty. He
had three sons and two daughters. He executed a will bequeathing the said
properties in favour of his sons and also made provisions for payment of monthly
allowance to the wife Sri Perva-kutty and one of his sons Shri Sukumaran who
died.
The widow of Shri Sukumaran remarried one Shri Sudhakasen
Sudhakaran who also died. Thereafter she filed a suit for partition claiming
ard
share in the suit property.
The Hindu Succession Act, 1956 brought about a sea change in
Shastric Hindu Law. Remarriage of a widow stands legalised by reason of the
incorporation of the Act. Hindu widows were brought on equal footing in the
matter of inheritance and succession alongwith the male heirs. S. 14(1) of the
Act stipulates that any property possessed by a female Hindu, whether acquired
before or after the commencement of the Act, will be held by her as a full owner
thereof. Upon death of Sukumaran, his share vested in his wife absolutely by
reason of inheritance in term of S. 14(1) of the Act. The provisions of the 1956
Act, thus shall prevail over the text of any Hindu Law.
The Act of 1956 in terms of S. 8 permits the widow of a Hindu
male to inherit simultaneously with the son, daughter and other heirs specified
in class I of the Schedule. Therefore, the subsequent remarriage does not divest
the widow of her property in view of provisions of Hindu Succession Act, 1956.
[ Cherotte Sugathan (D) by L. Rs & Ors v. Cherotte Bharathi & Ors.,
AIR 2008 SC 1467]
