Daughter-In-Law Cannot Claim Rights Over In-Laws' Self- Acquired Property
Property rights of women are quite complex. As they become part of a different family after their marriage, the issue gets even more complex. Now, what are the property rights of a married woman? Let us find out.
In 2016, the Punjab and Haryana High Court declared that a daughter-in-law has no right on the self-acquired property of her parents-in-law. In this case, Jitender Kumar accused his son and daughter-in-law (Varinder Kaur) of ill-treating him and his wife.
Due to a family discord, the son and daughter-in-law had started living separately, but after the birth of their daughter, the two came back to live in the shared property in which she had been living in ever since she got married. As discontent arose again, the son moved out. The daughter-in-law, on the other hand, moved court, arguing she has a legal right on her matrimonial house.
Daughter-in-law have right of residence only
Several court orders say that a daughter-in-law has a right of residence in a shared household under the Domestic Violence Act. This is even if the house is not owned by her in-laws, and the husband had no ownership rights in the said house. From time to time, courts have ruled that a woman has a right to residence in such a property as long as the matrimonial relationship between her and her husband remain intact. However, the Supreme Court has ruled that a married woman has no right on the self-acquired property of her in-laws, as this property cannot be treated a shared property.
If daughter-in-law and son are living separately
If a house exclusively belongs to a father-in-law and his son is living separately, the daughter-in-law has no right to live in the house. The property cannot be claimed to be a shared household.
If the daughter-in-law is a widow
Courts have also ruled that a widowed daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property.
Parents in law not liable for maintenance
The maintenance of wife is the personal obligation of the husband. Accordingly, Section 4 of the Hindu Adoption and Maintenance Act, any liability in respect of maintenance of daughter-in-law in the vent of the death of the son cannot be fastened upon the self-acquired property of the parents-in-law.
The properties shown exclusively in the name of parents cannot be the subject matter of any attachment or enforcement of any right of maintenance of wife against her husband.
No right over mother-in-law's property
The SC in the SR Batra versus Taruna Batra case had also held a house which was the exclusive property of a mother-in-law could not be said to be a shared household. A married woman cannot claim her right on such a property either.
Simplifying the legalese
Shared household means a house where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or alone with the respondent. This would include rented as well as own properties.
Domestic relationship means a relationship between two people who live or have at any point of time lived together in a shared household.
Also read: These Are Your Rights Under The Hindu Undivided Family