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Property derived from First Marriage

This query is over a debate between me and my brother. I am asking this query for my aunt (My father's first cousin). My aunt in her early 40s lost her husband in 2012 and most recently she got remarried. There are no kids from first marriage which lasted for about 14 years. Her first husband inherited some family property and they also built a new home with their savings and earning. Now, as uncle is no more and aunt is remarried, will she get access to the property she got from first marriage, or should she give it back to husband's siblings including the home (as no kids from first marriage). Her first husband had two siblings - a twin brother and an elder sister.


Category: General Reference

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First of all your aunt has to check if they have a legal will in place and in whose name the property is, i mean who is the owner. Also, as per Indian law a spouse is as much a legal heir as siblings and since the wife is alive the property is to be inherited by the wife.
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Sandhya Rani i think property is in her name. Yet can her ex-hubby's siblings claim for it, if it's an inherited property from forefathers? - Sandhya Rani - 9 years ago


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From what I know, your aunt gets her husbands share of the property which is hers whether she remarries or not....Since it is family property she gets her shaare of it.Now the high court has recently ruled in two instances that a married daughter gets her share of har parents property , which was not possible earlier..
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The wife may get share of property acquired by her late husband out of his own efforts. But she wil not get the share from family property viz ancestrol property.
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usha manohar If there are children , they have the right to the property if not the widow has the right to her husband's share of property.. - usha manohar - 9 years ago
Sandhya Rani exactly the answer to my question. But what if house expense was done by her and husband and they have been living there together for more than 10 years....? - Sandhya Rani - 9 years ago
usha manohar The ancestral property rules are different in different parts of the country Mangalore and Kerala both have Aliya kattu which gives the right for a widowed lady to get her husbands share of the property...This has happened in my own family where my relatives have got a share in the ancestral property ... - usha manohar - 9 years ago
Sandhya Rani @ Usha, is it applicable if the marriage has no kids? and the lady gets married to another family.... - Sandhya Rani - 9 years ago

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If there is Will,your aunt gets the property even if she remarries.
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I don't know too much but I read that if wife remarried after divorce, she have not right of alimony, than it is possible to have right in property.

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