Question

Principles: (1) On the death of husband, the widow shall inherit the property of her deceased husband along with children equally.
(2) A widow cannot claim the property of the deceased if on the date when the question of succession opens, she has married.
(3) A female acquiring property in any way has the absolute title to the property.
Facts: When Sudhir died he had $\frac{1}{3}$ share of the family property, which the three brothers Rudhir, Sudhir, and Yasu inherited from their father, B. Sudhir died on September 23, 2006, without having any issue. The widow of Sudhir, Ms. Win, remarried on January 1, 2007. Rudhir and Yasu refused Win the share from Sudhir’s portion when Win claimed the entire property belonging to Sudhir on January 30, 2007.
List I – Decisions:
(a) Win cannot inherit the property of Sudhir
(b) Win can inherit the property of Sudhir
List II – Reasons:
(i) Widows not belong to the family.
(ii) Win was remarried.
(iii) Her claim was on the date of Sudhir’s death.
(iv) Her claim submitted after she was remarried.

• A. (i)
• B. (ii)
• C. (iii)
• D. (iv)

Hint:

In such legal aptitude problems, note the exact timing of the claim submission — remarriage before filing can nullify succession rights, even if the spouse was a widow on the date of death.

Answer 1

The Correct Option is D

Step 1: Understanding the timeline - Sudhir died on September 23, 2006 — this is the date when the succession opened. - Ms. Win remarried on January 1, 2007. - She made the property claim on January 30, 2007. 

Step 2: Applying Principle (2) Principle (2) states that a widow cannot claim the property if, on the date of the claim (succession question), she is already remarried. Although at Sudhir’s death she was still a widow, the key issue here is that the **claim was filed after she had remarried**. 

Step 3: Legal effect of remarriage before claim submission By the time Win submitted her claim, she no longer had the legal status of a widow. Therefore, she lost her right to inherit Sudhir’s property under Principle (2). 

Step 4: Conclusion Since her claim was submitted after she was remarried, she is barred from inheriting. The correct decision is “Win cannot inherit the property of Sudhir” and the appropriate reason is “Her claim submitted after she was remarried.” \[ \boxed{\text{Correct answer: (d) (iv)}} \]