Christian law - Christian widow Christian law - Christian widow

9 months ago

I am a Christian widow. My question is if I remarry, will I be legally deprived of my previous deceased husband's property?The property has now been mutated in my and child's name

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
According to the inheritance laws for women of the Christian faith, which is governed by the Indian Succession Act, of 1925, a widow is entitled to one-third of her husband’s property while the rest is divided equally among the children of the deceased husband. She gets half of the assets if there are no children.
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Anik

Responded 9 months ago

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A.Dear client,

In India, property rights are governed by various personal laws based on an individual's religion. For Christians, the Indian Succession Act, 1925, governs the distribution of property after a person's death. According to this Act, if a Christian individual passes away without leaving a valid will, their property would be distributed among their legal heirs, which typically includes the spouse and children.

As a Christian widow, you would have inherited a share of your deceased husband's property according to the relevant personal laws at the time of his death. If the property has been legally mutated in your and your child's name, it means the property has been transferred to both of you as rightful owners, and you have legally acquired ownership rights over it.

If you choose to remarry after obtaining ownership of the property, it generally should not affect your rights to the deceased husband's property that you already inherited. Indian laws typically do not deprive a widow of her rightful share of her deceased husband's property, even if she remarries.

However, there might be some specific circumstances or provisions in the deceased husband's will, if he had one, that could affect the distribution of the property.
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