In Jaiwantabai Wankhade vs Sunanda & Ors., the Bombay high court held that the widow was unmarried at the time of the husband’s death i.e., when the succession opens. And later got remarried then she has a right to the deceased husband property.

Respondent is the widow of the deceased and the appellant is the mother of the deceased. Appellant appeal before the high court against the order of the trial court which held that as the widow was unmarried at the time when succession open than then she has a right in the deceased husband property.

Son of the appellant worked in the Indian railway as a pointsman. He accidentally died on April 19, 1991at the time Sunanda was living separately from him due to the dispute between them but was not divorced or remarried. She remarried after one month of the occurrence of the accident.

The mother of the deceased claimed the retiral dues of her son from the railways as well as informed the railway board about the remarriage of Sunanda. But railway decided the matter in favour in favour of the deceased of the widow.

This order was challenged by the mother before civil judge junior division. The court of civil judge held that both mother and widow of deceased are entitled to the share in retiral dues. But the mother should file a separate suit for recovering her share from the widow.

This order was challenged before the Nagpur bench of Bombay high court arguing that the widow did not have any right over retiral dues of the deceased because of her remarriage.

The court observed section 24 of Hindu Succession Act, 1956 and said that the widow is not disqualified from taking the share of the deceased husband if she was not remarried at the time when the succession opens.

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