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Can a widow marry again in India?
“Re-marriage of a widow, is not now under the Act a ground for divesting the estate inherited by her from her husband. The Hindu Widows Re-marriage Act, 1856, though it legalised the re-marriage of a Hindu widow, had the effect of divesting the estate inheri- ted by her as a widow.
What happens if a widow remarries?
A widow(er) is eligible to receive benefits if she or he is at least age 60. If a widow(er) remarries before age 60, she or he forfeits the benefit and, therefore, faces a marriage penalty. Under current law, there is no penalty if the remarriage occurs at 60 years of age or later.
Can widow get property after remarriage?
Hindu Remarried Widow Has Right To Deceased Husband’s Property If She Wasn’t Remarried On The Day Succession Opens: Bombay High Court. The Nagpur bench of the Bombay High Court has held that a re-married widow has a right to her deceased husband’s property, if she was not re-married when the husband passed away.
Do I lose widow’s benefits if I remarry?
What happens to my Social Security survivor benefits if I remarry? Remarrying after turning 60 (50 if disabled) has no effect on survivor benefits. But if you wed before reaching that age, you lose eligibility for survivor benefits on the prior marriage. (If you were already getting them, they will stop.)
Is a widow an heir if she remarries?
The court held that even after remarriage, a widow would qualify as Class-I heir, and her late husband’s kin would still be the Class- II heir. The judge concluded that a woman doesn’t lose the right over her dead husband’s properties — moveable and immoveable — even if she marries.
Is the Hindu Widows’ Remarriage Act 1856 still valid?
The Court ruled that provisions of the Hindu Succession Act, 1956 would prevail over the repealed Hindu Widows’ Remarriage Act, 1856. There was no provision in the Hindu Succession Act, 1956 which was pari materia with section 2 of the Hindu Widows’ Re-Marriage Act, 1856.
Is a Hindu widow entitled to claim her husband as heir?
There was no provision in the Hindu Succession Act, 1956 which was pari materia with section 2 of the Hindu Widows’ Re-Marriage Act, 1856. The Court further observed the widow even after remarriage would qualify as Class I heir and the husband’s kin would still be a Class II heir.
Can I Change my Name If I remarry and collect widow’s?
No – the rule is about being remarried, not changing your name. If you remarry at an age before 60 you will not be eligible for widow’s benefits based on your late husband’s record. Log in to Reply