‘Remarried widow can claim share in husband’s assets’

The HC bench upheld the compensation awarded to a woman by the Indian Railways, where her husband worked as a pointsman

The Bombay High Court bench of Justice Shreeram Modak at the Nagpur seat recently held that a widow can claim share in the deceased husband's properties despite remarrying. The bench accordingly upheld the compensation awarded to a woman by the Indian Railways, where her husband worked as a pointsman.

The bench was hearing a petition filed by Jaiwantabai Wankhade (59) challenging the decision of the Indian Railways for awarding Rs 65,000 dues to her son's wife Sunanda. Her son died in April 1991.

Jaiwantabai pointed out that Sunanda re-married in the month of May, 1991. She claimed that Sunanda didn't live with Anil (Sunanda's husband).

Sunanda had claimed dues in March 1993. However, Jaiwantabai informed the Indian Railways about Sunanda's remarriage. But she failed to furnish a marriage certificate of Sunanda's marriage.

Jaiwantabai accordingly, argued that the Indian Railways erred in granting award to Sunanda.

The bench, having heard the contentions, referred to the laws pertaining to Hindu succession of properties.

"It is true that as per Section 2 of the Act of 1856 on re-marriage, the rights and interests for deceased husband’s property cease and then there will be determination as if she have then died. It is pertinent to note that when the Hindu Succession Act was drafted in the year 1956, Section 24 was incorporated," the

The status of the widow being re-married continuing to be widow must be on the date when succession opens. In other words, if the widow has not remarried when the succession opens, the disqualification under Section 24 will not be applicable –Justice Shreeram Modak

judge said.

Section 24 provides for disqualifying widow woman from claiming share in properties, after getting remarried.

"The widow losses right if she remarries on the date when succession opens," the judge said, noting, "Anil expired on April 19, 1991, so on that date succession to his property opened."

"The status of the widow being re-married continuing to be widow must be on the date when succession opens," Justice Modak said, adding, "In other words, if the widow has not re-married when the succession opens, the disqualification under Section 24 will not be applicable,” the judge observed.