Rights of a widow over her deceased husband's property A brief discussion
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- Rights of a widow over her deceased husband's property A brief discussion
The widows’ rights over their deceased husbands' properties have often remained a puzzle, despite its huge significance. In the past, the widows had faced vulnerability and exclusion, struggling with both emotional loss and economic insecurity. However, legal systems and societal attitudes have evolved, recognizing widows as rightful inheritors, and acknowledging their needs, and rights over their deceased husbands’ properties.
This shift reflects a broader push for gender equality, and social justice. The recognition of widows’ entitlement to their husbands’ properties is a vital step in the journey of their financial freedom, and a benchmark of upholding their dignity. This article offers a brief analysis of the legal framework surrounding widows' property rights, delving into the intricacies of relevant laws, remedies, and the recent judicial pronouncements. By shedding light on these complex issues, we strive to contribute to a more comprehensive understanding of widows' rights and advocate for their rights.
In early days, the Hindu Widow’s Remarriage Act, 1856 used to govern the rights of the widows (for brevity “the Remarriage Act”). According to section 2 of the Remarriage Act, all the rights and interests of the widow shall seize to exist, whether in property or maintenance, if she remarries after the demise of her husband. The said law was repealed with the advent of the Hindu Succession Act, 1956 (for brevity “the Succession Act”).
The Hindu Succession Act furnishes a schedule dividing legal heirs of a deceased Hindu person into two classes i.e., Class I legal heir, and class II legal heirs. Simply speaking, a property shall be inherited or/ and distributed among the legal heirs according to their classes. If class I legal heirs survive the intestate death of a deceased Hindu person, then class I legal heirs shall be entitled to receive the property of the deceased family member. Interestingly, the widow(s) have been placed as Class -I legal heir of a deceased male [1].
This water-shed change has recognized the rights of the widows in a society, where practices like Sati was followed for many years, and the widows were forced to stay in color less cloths for the rest of their lives after the demise of their husbands.
In the light of the aforesaid statutes, it is imperative to refer the important judgments dealing with the issue of widows’ rights. Though the jurisprudence on this subject can easily fill various toms, however for the sake of brevity only the following notable case laws are being discussed.
In this judicial ruling, the Hon’ble Bombay High Court has concluded that a widow shall maintain her rights over her former husband's properties even if she remarries. The case at hand involved a petition filed by a man against his former sister-in-law, who asserted her rights over her deceased husband's assets after entering a second marriage. The Court held that the stipulations outlined in the Hindu Succession Act, 1956 would take precedence over the repealed Hindu Widows' Remarriage Act, 1856. Notably, the Hindu Succession Act did not contain any provision akin to section 2 of the Hindu Remarriage Act. The court further observed that even after remarriage, a widow would retain her classification as a Class I heir, while her husband's relatives would remain Class II heirs. The Court underscored that a woman doesn't lose her rights over her deceased husband's assets, whether movable or immovable, even in the event of her remarriage.
It is to be noted that the said case law deals with the issue where the widow got remarried only after the demise of her former husband.
In the case of Jaiwantabi vs. Sunanda (Supra), the Nagpur bench of the Bombay High Court was referred with the following substantial question of law: -
The Hon’ble Court has noted that the dispute falls prior to 2005 i.e., of 1991, thus the law prevalent at that time shall be considered.
The Hon’ble Court had observed that section 24 of the Hindu Succession Act states that a widow shall be entitled over her former husband's properties even if she remarries, provided that she has not entered a second marriage prior to the death of her husband or legally speaking prior to the date when the succession opens.
This ruling has again fortified the rights of a widow over her deceased husband’s property, however the same has also clarified an embargo for the widows who marry again.
It is clarified that the aforesaid case laws dealt the issue prior to 2005 amendment in the law. The said amendment is briefly discussed in the later part of this piece of writing.
The Hon’ble Supreme Court had long ago in the case of Jayalakshmi vs. Ganesh Iyer (Supra) had upheld the rights of the widowed mothers. The Apex court had ruled that the widowed mothers, whether remarried or divorced, shall remain eligible to inherit the properties after the demise of their sons.
The aforesaid said judicial ruling had saved the interests and rights of thousands of widows qua the properties of their sons. As stated above, the law has been amended in 2005, and section 24 of the Succession Act has been repealed. A brief reference of the 2005 amendment is as follows.
It is submitted that the Succession Act was amended in 2005. Among various amendments and changes in this statute, one of the most prominent changes which is also relevant to this current study is the omission of section 24 of the Act from the Statute book.
As we had discussed that section 24 of the Succession Act seizes the rights of a widow after her remarriage, and if she remarries prior to the death of her former deceased husband, then she is legally debarred to claim any right over the deceased husband’s properties.
The said provision has now been removed with the advent of amendment bought in 2005 by way of the Hindu Succession (Amendment) Act, 2005. The said amendment aimed to remove gender inequality which has unfortunately enshrined in the erstwhile law, and to promote equality and safeguard the rights of women including widows.
Thus, with the removal of section 24, the widows are now no more disbarred to claim right over the former husband’s properties after their intestate demise.
The legal rights of widows over their deceased husband's property represent an integral facet in ensuring their economic stability and their dignity. The aforesaid judicial rulings, and the statutes like the Hindu Succession Act, amendments, etc., are the testament to the recognition and preservation of the widows’ rights.
The widows' rights are manifested in diverse scenarios, from self-acquired to ancestral property claims. When denied of these rights, the widows can seek redressal via various legal remedies. As societies evolve and gender equality gains prominence, the widows are still struggling to assert their rights.
Though we need to walk miles and miles, but with the adequate legal education and awareness, widows will be empowered to assert their rightful claims, and fight for their rights, if required; and thus, they can truly maintain their independence even after the loss of their beloved spouses.
[1] See §§ 8 and 10 r/w the Schedule of the Hindu Succession Act, 1956.
[2] 2015 SCC Online Bom 3487
[3] Second Appeal No. 144 of 2007, decided on 23-08-2021
[4] AIR 1972 Mad 357
