Advocate Abhijit Vijay

Questions Answered by Advocate Abhijit Vijay

Q: Widow's right on her husbands property after remarriage

If Hindu widow gets remarried, can she claim Right on property of her expired husband. Neither Will is made nor nomination is registered.

Advocate Abhijit Vijay answered
The provisions of Section 2 of the the Hindu Widows' Re-marriage Act, 1856, states that Rights of widow in deceased husband's property to cease on her remarriage –All rights and interests which any widow may have in her deceased husband's property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to remarry, only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease and determine as if she had then died; and the next heirs of her deceased husband or other persons entitled to the property on her death, shall thereupon succeed.However, The Hon’ble Bombay High Court in a recent judgment has ruled that a widow, even after she has remarried, has the rights over her former husband's properties.Section 8 of the Hindu Succession Act, 1956 which provides the general rules of succession in case of males which reads as under:The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter -(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; The Court ruled that provisions of the Hindu Succession Act, 1956 would prevail over the repealed Hindu Widows' Remarriage Act, 1856. Section 4 of Hindu Succession Act 1956, has overriding effect on all other enactments. 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 the widow even after remarriage would qualify as Class I heir.

Q: What does Legal Heir and Succession Certificate mean ?

Succession or legal heir meaning

Advocate Abhijit Vijay answered
Legal Heir is a term given to describe a person or people nearest in kin to the deceased person.In every state there are laws that list the order of heirs. These laws are called "laws of intestate succession." When a person dies intestate, or without a will, the laws of the state where he resided determine how his estate is distributed. According to these laws, specific family members, or heirs, have a right to inherit a share of the decedent's property. Although state laws vary, there is a common hierarchy of heirs.Probate courts help determine heirship. These courts typically have a process through which relatives of the decedent can find out who the heirs of the estate are, as well as how much each heir is entitled to receive. Heirs can file for a determination of heirship with the probate court in the state where the decedent lived.Succession certificate can be obtained from district or the High Court within whose jurisdiction, the assets fall, by filing a petition. Usually, succession certificate takes 3-4 months (sometimes 5-7 months), if it is not contested by anyone. The succession certificate authorises the person to distribute the assets to the legal heirs as per the succession law.Most people think that if the succession certificate is obtained then the person is the rightful owner of the deceased person's properties, which is not true. A succession certificate allows the person to act exactly similar to how a nominee would act. It gives the authority to the holder for distributing the deceased person's assets. A Succession Certificate is not granted in cases where obtaining a Probate of Letter of Administration is necessary such as when there is a valid will.Succession certificate can be revoked as per Section 383 of the Indian Succession Act.