{"id":760,"date":"2019-05-07T07:33:11","date_gmt":"2019-05-07T07:33:11","guid":{"rendered":"http:\/\/www.nrilegalworld.com\/?p=760"},"modified":"2019-05-07T07:33:11","modified_gmt":"2019-05-07T07:33:11","slug":"widow-property-rights-in-india","status":"publish","type":"post","link":"http:\/\/112.196.38.115:4294\/mycaremedical\/blog\/widow-property-rights-in-india\/","title":{"rendered":"Here\u2019s What You Should Know About Widow\u2019s Property Rights in India"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Since a very long time, women and their\nneeds have been ignored in this male-dominant society. Things are even worse\nwhen a woman&#8217;s husband dies, and she becomes a widow. The pain that a woman\ngoes through when she loses her NRI husband cannot be explained in word. But\nthen we, as a society, must stand together and decide specific steps we can\ntake for the betterment of Indian widows. If a woman is living in a joint\nfamily, the major challenge faced by her is when she has to fight for her legal\nrights in the property that was in her NRI husband&#8217;s name. This article is\naimed at empowering and informing women across India about the property rights\nof widows of NRI men: <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Understanding the Widow&#8217;s Remarriage Act in\nIndia:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Before 1937, there weren&#8217;t any particular\nlaws dealing with the rights of Indian widows. Any legal disputes that cropped\nup were resolved as per the conventional practices.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Nevertheless, things changed as the time\nwent by and The Hindu Widows&#8217; Remarriage Act was formed in 1856. According to this\nact, the property rights of the widow after the demise of her NRI husband would\ncease when she remarried. In Section 2 of the law, it is stated that all the\nprivileges as well as interests that a widow has in the property of her\ndeparted NRI husband by any way of upkeep, or to his lineal heirs, or even by\ninheritance to her spouse, or attested disposition conferring upon her, or by\nmeans of any legal Will, without expressing permission to remarry, only a\nrestricted interest in this kind of property, without any authority of\nalienating the same, will upon her remarriage terminate and identify as though\nshe had then passed away; and the subsequent successors of her departed husband\nor other people eligible for the assets after her demise, will then succeed to\nthe same.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This act was discarded after many years,\nwhich led to the formation of the Hindu Succession Act, 1956. This act offered\nIndian widows all the property rights even after they remarried.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Listed below are some of the crucial\nverdicts related to the rights of Indian widows on the property of her &#8216;late&#8217;\nNRI husband:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>A critical judgment was passed by Delhi\nHigh Court on March 5, 2017, wherein they declared that the widow had all the\nrights to reap the benefits of the property bought by her husband in her name\nthe way she prefers to, and her son-in-law or her daughter are strictly\nprohibited from laying any kind of claim over it. The honorable court ruled\nthis verdict in favor of an old woman aged 65 years, whose daughter and\nson-in-law denied to vacate a part of the home that she acquired from her late\nNRI husband in Punjab. The court asserted that the house was bought by the\nhusband to present a safe and sound life to his wife.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Also, there was another judgment that was\npassed by the High Court of Mumbai wherein a widow was allowed to keep her\nrights on the property of her late husband, even after getting remarried. The\nverdict was given when the brother of the demised person alleged that the widow\nof his brother should not be allowed any right on the property as she got\nremarried. However, the honorable court ruled that the wife is classified as\nthe Class-I legal heir of the late husband and therefore had all the rights of\nproperty inheritance in India. <\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Here are a few additional vital points from\nthe Remarriage Act in India:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The widow of the NRI husband who died\nintestate, or in case there are more than one widows of the NRI husband, all\nwidows collectively shall take one share.<\/li><li>With regards to the legal heirs of the\npre-deceased son, his widow(s), living daughter(s), and son(s) would get equal\nportions. Also, the branch of his pre-deceased sons would get the same share.<\/li><li>In case, the &#8216;late&#8217; NRI husband also has\nsome lineal successors left, then 1\/3rd of the assets would be given to his\nwidow(s), and the remaining 2\/3rd would be divided amongst his lineal\nsuccessors.<\/li><li>In case, there is no one kindred to the\ndeceased husband; the entire property would be given to his widow.<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Living the life of a widow is extremely painful and the pain becomes unbearable when the widow is deprived of her rights after the husband\u2019s demise. If you are also going through this pain, you don\u2019t need to feel alone and get in touch with the expert team of <strong><a href=\"http:\/\/112.196.38.115:4294\/mycaremedical\">NRI Legal World<\/a><\/strong>. Here, we make sure that you get the well-deserved property rights of your NRI husband through 100% legal procedures! Get in touch at +91 85-85-85-71-71 or email at <a href=\"mailto:info@nrilegalworld.com\">info@nrilegalworld.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Since a very long time, women and their needs have been ignored in this male-dominant society. Things are even worse when a woman&#8217;s husband dies, and she becomes a widow. The pain that a woman goes through when she loses her NRI husband cannot be explained in word. But then we, as a society, must&#8230;<\/p>\n","protected":false},"author":1,"featured_media":761,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48],"tags":[118,119],"class_list":["post-760","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-property-management","tag-property-rights-of-women-india","tag-widow-property-rights-india","th-blog blog-single has-post-thumbnail"],"_links":{"self":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/posts\/760","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/comments?post=760"}],"version-history":[{"count":0,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/posts\/760\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/media\/761"}],"wp:attachment":[{"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/media?parent=760"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/categories?post=760"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/112.196.38.115:4294\/mycaremedical\/wp-json\/wp\/v2\/tags?post=760"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}