Legal provisions of the Hindu Widows Remarriage Act, 1856

Submitted by admin on May 27, 2024

There was a time when no widow in Indian society was permitted to have second marriage unless it was authorized by the then prevailing customs. However, regardless of the possibility that allowed to do the same, it involved the relinquishment or stripping of the widow’s home as there was settled standard of Hindu law that chastity was a condition point of reference for a widow to inherit her spouse’s legacy unless this had been approved prior by the spouse. Remarriage of widows was sanctioned in all cases by the Hindu Widows Remarriage Act, 1856.

The Act gave that all rights and interests which a widow had in her expired spouse’s name. This Act of 1856 was cancelled by the Hindu Widows Remarriage (Repeal) Act, 1983 on the suggestion of the 81st Report of the Law Commission of India. She could however succeed to the moveable and immovable properties of her child or daughter by her first marriage who died after her second marriage.

The Hindu women’s Right to Property Act, 1937 gave better right to Hindu ladies in terms of property, yet gave a constrained limit which was held by her just throughout her lifetime and afterward returned to her spouse’s beneficiaries. Yet in the perspective of the restricted right becoming an outright by the goodness of the Hindu Succession Act, 1956, the question of stripping the property on remarriage does not emerge. Under section 14 (1) of the Act the widow’s constrained investment gets naturally changed over into a flat-out right.

It is presently judicially settled that once a widow has succeeded to the property and obtained a flat-out directly under the Hindu Succession Act, 1956 she can’t be stripped of this right on remarriage. Keeping in mind the end goal to comprehend the law identifying with widow’s property rights, we have to like that legacy and property right are represented by the individual law of the religious groups and contrast from zone to range even around groups and ranks.

The Hindu Succession Act, 1956 realized a few progressions. The most imperative progressions were to give equivalent rights to children in their parent’s property. A Hindu male gets qualified for will away his enthusiasm towards the inherited property. On the off chance, that he passed on without making a will his offer might be partitioned around his beneficiaries.

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