Chennai:The Madras High Court has observed the Hindu Succession Act doesn't prohibit a widow from inheriting a share in her deceased husband's property upon remarriage.
The bench comprising justices R Subramaniam and C Kumarappan noted that the Hindu Widows' Remarriage Act, 1856, disqualified a widow from inheriting properties upon remarriage. However, it was repealed after the enactment of the Hindu Succession Act.
The court further noted that only the widow of a predeceased son or widow of a predeceased son of the predeceased son or widow of the brother was disqualified upon remarriage under the Hindu Succession Act. However, this provision was also repealed in 2005 by an amendment.
“The Hindu Succession Act, 1956 does not contain a provision that disqualifies widows from inheriting their husband's properties or disqualifying the widows from taking a share in the husband's property upon remarriage,” the court observed.
“A close reading of the above provision would show that only widows of a predeceased son or a predeceased son of a predeceased son or widow of a brother would face a disqualification upon remarriage. Even that provision has now been repealed by the Hindu Succession Amendment Act, 39 of 2005,” it said.
The HC bench was hearing an appeal against the lower court’s decision, which denied share to a widow in Salem, Tamil Nadu, in the deceased husband's property after her remarriage to the deceased husband's brother. The District Court had dismissed the woman's claim, citing her remarriage as a reason to bar her from inheriting her late husband's property.
However, the HC overturned the decision, ruling that the Hindu Marriage Act grants a woman the right to inherit her husband's property, regardless of whether she remarries.
