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Can widow who remarried have a claim in the former husband's property
15-Jan-2023 (In Property Law)
I lives in Delhi and I got married in Feb 2011. My husband died in Oct 2011. My Husband had Purchased a Plot in UP( Noida). after the death of my husband i was thrown out of the house by my In-Laws. My In-Laws produced a registered will in favour of my father-In-Law for Plot(Property purchased by my decite Husband). But in the will below information is not Clear: 1.) The Will is registered before 3 month (july) from the date of my husband death 2.) My Husband has not mentioned my Name in entire will. 3.) My Husand has not mentioned that he is married. 4.) Only a single point mentioned that My Father -in-law is the Owner of the Property after his death My In-Laws(father-in-Law) was sucessfull in Porbate of Will from district court-delhi. but now the HighCourt- delhi (in January 2018) put Stay on that Probate Will. Now i got Re-Married on Jan 2017, please let me know whether as per Hindu re-marriage act, will i get the Plot (property) or Not which was purchased by husband.
-Yes as per Hindu Succession act, 1956, a widow is a class I legal heir so you are entitled to one half share of his property.
-Since a the the time of his death you were married to him and were his widow, thereby you are a legal heir and entitled to a share in his property.
-You must have filed objections to the probate of the will that the Delhi High court has stayed the suit.
-Thereafter you should immediately file a suit for declaration, partition and restraining the father to sell of the property.
- I have handled similar cases in the past, you should be getting relief and a share in the property at the earliest.
-Since a the the time of his death you were married to him and were his widow, thereby you are a legal heir and entitled to a share in his property.
-You must have filed objections to the probate of the will that the Delhi High court has stayed the suit.
-Thereafter you should immediately file a suit for declaration, partition and restraining the father to sell of the property.
- I have handled similar cases in the past, you should be getting relief and a share in the property at the earliest.
Helpful?
Re-marrying per se will not disentitle you to claim a share in your ex husbands property. Provided you will have to prove that the will is false and fabricated and a forged document created by your in laws after the death of your husband . Please contact me for further clarifications
Helpful?
Adv. Paras Anand
Delhi | 100+ Answers
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