Anonymous
Asked April 01, 2017

Re-marriage of widowed daughter in law

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If widowed daughter in law got married in 2001 and her father in law died in 2002 then will she get a share in father in law's personal property as per Hindu law?

Answer 1

section 19 of the Hindu Adoption and Maintenance Act states about Maintenance of widowed daughter-in-law-:-  (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law. Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance- (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate. (2) Any obligation under sub-section (1) shall not be enforceable if the fatherinlaw has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law. 

 

In Smt. Balbir Kaur v. Harinder Knur, the Punjab and Haryana High Court held that Section 19 of the Hindu Adoptions and Maintenance Act, 1956 deals with the right of maintenance of a widowed daughter-in-law.

Whether married before or after the commencement of the Act, she can claim maintenance only if she is unable to maintain herself from her own sources or out of the estate of her husband or her father or mother or from her son or daughter, if any or his or her estate.

The right to claim maintenance from the father-in-law, in the circumstances stated above, is however conditional upon the father-in-law having in possession of coparcenary property out of which widowed daughter-in-law has not obtained any share.

However, she cannot claim any right in the self acquired property of the Father-in-Law, and even otherwise, as she got married before the death of her father-in-law, she would have no right in any property left behind by him, as she ceased to be a widow daughter-in-law upon remarriage.

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