Headline
Right of widow to Inherit Property of husband stays intact after remarriage ruled by Madras HC
Summary
The Madras High Court shed light that under the Hindu Succession Act, 1956, a widow does not lose her right to inherit her property of deceased husband upon remarriage.
Key Facts
- Case Name: Malliga (Died) and Others vs. S Shanmugam (Died) and Others
- Judges Name: Justice R Subramanian and Justice C Kumarappan
- The widow remarried her brother of late husband, and the deceased’s husband’s brother contested her share.
- Madras High Court held that the Hindu Succession Act, 1956 does not debar a widow from inheriting the property of husband upon remarriage.
- The earlier disqualifications for widows was repealed by the 2005 amendment .
Legal Insights
The Madras High court restated that the Hindu Widows’ Remarriage Act, 1856 no longer applies as it was repealed. The Hindu Succession Act deals with inheritance and upholds the rights of widows..
Impact
This decision focuses on the inheritance rights of widows and removes the ambiguity relating to remarriage.
Why It Matters
The ruling makes sure that there should be gender justice and safeguards the property rights of widows under the modern inheritance law structure..
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