A widow that has a valid remarriage loses her right to previous husband’s property: Chhattisgarh HC

While hearing a case of property inheritance of a widow, the Chhattisgarh High Court ruled that a widow loses her right to the inherited property from her previous husband upon having a valid remarriage. The right to property cannot be established unless it is strictly proved under the statutory requirements.

The court held that where remarriage is used as a defence it has to be strictly proved that such depriving of right to property would cause devastating consequences upon the widow. It is also required for the fact of remarriage to be proved before depriving her from the right to property considering the fact that it is a constitutional right.

The trial court in this case had decreed the suit by holding that the widow would be entitled for 5 khandi of land for maintenance. During appeal, the court allowed the appeal of the daughter in the light of Section 14 (1) of Hindu Succession Act, 1956 and held that the plaintiff is not entitled for any decree and had set aside the judgment of the trial court.

The Court thus observed that the object of Section 14 (1) of Hindu Succession Act, 1956 is to remove the disability of a female to acquire and hold property as an absolute owner. Thus, as per Section 6 of the Act of 1856, in case of remarriage, all the formalities for marriage are required to be proved. The Court held that the appellate court was absolutely justified in dismissing the appeal filed.

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