This article makes clear the legal provision relating to the partition of the wife after the Husband’s death.
Partition of Wife After Husband’s Death
Partition refers to a division of ancestral property into parts; among the people who are legally entitled to the share of it i.e. coparceners. It is a process by which common owners of the property divide it into multiple separate divisions to take their own share of the property.
As per Muluki Civil Code, 2074, for the purposes of apportionment of property in common, the husband, wife, father, mother, son, and daughter shall be deemed to be coparceners. Additionally, section 209 provides that a wife shall obtain partition share only from the part of her husband. That is to say, a wife is entitled to partition share from the part of her husband’s property.
However, confusion arises when a husband dies before the partition is effected; confusion as to whether the widow will receive any partition or not.
Does the wife get partitioned after the Husband’s death?
Yes, a widow can rightfully claim partition share even after the death of her husband. Section 209 of the Muluki Civil Code provides that, If the husband, father, or mother dies before effecting partition, his wife or his or her child shall obtain the partition share to which the husband, father, or mother is entitled.
What if the Widow gets Separated after Partition?
Our law allows a widow to get separated from the family upon obtaining partition at any time. Section 214 of the civil code states that a widow may get separated at any time by taking her partition share.
What if a Widow Concludes another Marriage?
This can be studied under two conditions :
- If any children are born from the previous husband ( the one who’s dead): The property that the widow had taken shall devolve back to previous children if the widow concludes second marriage.
- If no children are born from the previous husband: She’s allowed to keep the property herself even after concluding the second marriage in case there are no children born from the previous husband.
