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Can a widow retain membership in her late husband's HUF on remarriage?
01-Nov-2023 (In Divorce Law)
A Hindu woman's husband (also Hindu) passes away, leaving behind as heirs herself and their male child. The widow is at this time a member of her husband's HUF, the karta of which is their son.
If the widow remarries, is she eligible to remain in her deceased husband's HUF? Or does she have to surrender membership in that HUF and join the new husband's HUF?
If she has to leave the original HUF, does the HUF need to be partitioned?
If the Widow remarries, she will no longer remain eligible to remain in her Deceased Husband's HUF. If a Woman has to leave the HUF of her Deceased Husband, then, she can voluntarily surrender her share in HUF. However, before marrying with someone else, she can claim Partition and on and after Joint Hindu family property partition taking place successfully with the consent of other members of the Joint Hindu family, she can re marry with any other Man by taking her share after partition in the Joint Hindu Family Property.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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