Women not re-married on the day of husband’s death is entitled to share in husband’s property

The Nagpur Bench of the Bombay High Court in Jaiwanti Bai v. Sunanda in Second Appeal No. 144 of 2007was called upon to interpret Section 24 of the Hindu Succession Act, 1956 which bars the widow from claiming any share in the husband’s property, if on the day when the succession opens, she was re-married.  The court in a judgement dated 23.08. 2021 has held that the date when succession opens corresponds to the day when the husband died.

 

Facts

 

The appellant mother approached the court in appeal for seeking a complete share in the retiral dues of her deceased son. The son of the appellant died on 19th April 1991 at which time the respondent wife was living separately from the husband however it is pertinent to note that she was neither divorced nor remarried at the time when the husband was dead.

 

The appellant argued that the wife being re-married was not entitled to any share in the retiral dues as provided by the lower courts.

 

Issue

 

The court was essentially required to answer whether a wife who was not remarried at the day of husband’s death can be entitled to a share in the self-acquired property of the husband.

 

Analysis

 

In the present case, the court was concerned with Section 24 of the Hindu Succession Act, 1956 (“HSA”). The HSA’s Section 24 was repealed in the year 2005 however the court was called upon to determine the share of the deceased, in the year of 1991 when the section was in force. Section 24 HAS, as applicable on that day, disinherits the widow from getting any interest in husband’s property if on the date when succession opens, she is remarried.

 

The court interpreted ‘date the succession opens’ to be the day when the person whose property is in question dies, which in the present case was 19th April 1991.The fact of the matter is that wife will be eligible for succession when she is not re-married on the date of death of her husband. In the present case, the wife was remarried on a day after the death of the husband and the court accordingly held the wife to be entitled for an equal share in the retiral dues, which was a self-acquired property of the deceased.

 

Accordingly, the court in order to complete justice in the matter ordered the respondent wife to return fifty percent of the amount to the appellant mother with an interest of six percent per annum, which was handed over by the employer to the wife, who was also the nominee of the husband.