This is a case of a Hindu Widow who has remarried and claims her rights in the property of her deceased husband.In this case Sri Pervakutty the owner of the property had three sons namely, Sugathan, Surendran, Sukumaran @ Soman and two daughters Soumini and Karhiayani. Sri Pervakuttydied leaving behind a Will and as per that Will he transferred his properties in favour of his sons and monthly allowance to the wife of Sri Pervakutty, Sukumaran and also the right of residence in the house. After the death of Sri Pervakutty on 20.10.1975, Sukumaran also died on 02.08.1976. The wife of Sukumaran re-married after his death and later her second husband also died. After that she filed a suit for partition claiming 1/3rd share in the property of her first husband.The Lower Court declared 1/3rd share in favor of the wifeof Sukumaran. It was also held that since thetestator bequeathed the tenancy right, the same was available for partition also. Thereafter the daughters of Sri Pervakutty filed separate appeal were High Court stated that as per the will the daughters are not entitled to claim the property but if succession is not on the basis of will then daughters are entitled to claim the property as per the Hindu Succession Act. To prove the validity of the Will the case was transferred to the Lower Court. In the present case Supreme Court stated that Hindu Widows Remarriage Act was enacted to remove all legal obstacles to the marriage of Hindu widows. The widow losses her rights in the property of her deceased husband if she remarriage. Upon the death of Sukumaran, his share vested in her wife absolutely. Suchabsolute vesting of property in her could not be subjected to divestment, save and except bythelaw. As per Hindu Succession Act, any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, will be held by her as a full owner. A widow who has re-married shall not be entitled to succeed to the property of the intestate as such widow, if she has remarried before the succession opens. Section 4 of the Hindu Succession Act, 1956 prevails over the Hindu Widows Remarriage Act, 1856. As per section 4 any law that are inconsistent with any of the provisions contained in this Act shall cease to apply to Hindus.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.