Hindu succession act - second wife’s share in first wife’s property
09-Aug-2023 (In Property Law)
Mr Ashok ‘s wife had self acquires property . On her death , the property devolved up her her husband and 2 sons having 1/3rd share each . Ashok legally remarried Punam And they don’t have any children together . Eventually Ashok died . Will Ashok’s 1/3rd share in his deceased first wife property , will devolve upon Punam and both sons (ie 1/9th each) or will it devolve upon only both the sons and not Punam (1/6th each) ... is there any judgement related to samE
As per Hindu Succession Act, Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
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