Legally Daughter-in-Law has no Rights Over the Self-Acquired Properties of the In-Laws
Dec 18, 2019 Legal Guidance
The property rights of women are complex, and when they leave one family and become part of another, their rights become even more complex.
We explain everything you need to the rights of a daughter- in- law over her in-law's self-acquired property.
Legal rights of the daughter- in- law over the property:
In 2016, Punjab and Haryana High Court declared that a daughter- in- law has no rights over the self-acquired property of the in-laws after a woman moved to the court over her powers on the property of her in-laws.
However, several courts have ruled that a woman has right of residence on her in-laws home even if it is not the self-owned property or also if the son does not hold any right over the property. The reasons have been ruled in favour of women over the shared residence under the Domestic Violence Act. The courts have ruled this judgment, given the matrimonial relationship between the son and daughter- in- law remains intact.
The Supreme Court has ruled that a woman does not have any legal rights on the self- acquired property of her in-laws. However, she has the right of residence in the same.
If the daughter-in-law and son are living separately: the house is self-acquired by the in-laws and the son and daughter-in-law are living separately, then the daughter-in-law has no right over the property.
If the daughter-in-law is a widow: if the property is self-acquired, then the widowed daughter-in-law has no right to live in the property against the wish of her in-laws.
In-laws are not liable for maintenance: In case of the demise of the son, the parents are not obligated for the maintenance of the daughter- in- law with respect to their self-acquired property. The properties that are exclusively in the name of in-laws cannot be the subject matter of any attachment or enforcement of any rights of maintenance of wife against her husband.
No right over mother-in-law's property: A married woman cannot claim her right on the property that is self-acquired by the mother-in-law.The legal world is filled with jargon and terms that are not easily understandable by the common man who does not have the knowledge of them. For example:
Shared household means a house where more than one person lives and they share a domestic relationship.
Domestic relationship means the relationship between two people who at some point or are still living together.
We explain everything you need to the rights of a daughter- in- law over her in-law's self-acquired property.
Legal rights of the daughter- in- law over the property:
In 2016, Punjab and Haryana High Court declared that a daughter- in- law has no rights over the self-acquired property of the in-laws after a woman moved to the court over her powers on the property of her in-laws.
However, several courts have ruled that a woman has right of residence on her in-laws home even if it is not the self-owned property or also if the son does not hold any right over the property. The reasons have been ruled in favour of women over the shared residence under the Domestic Violence Act. The courts have ruled this judgment, given the matrimonial relationship between the son and daughter- in- law remains intact.
The Supreme Court has ruled that a woman does not have any legal rights on the self- acquired property of her in-laws. However, she has the right of residence in the same.
If the daughter-in-law and son are living separately: the house is self-acquired by the in-laws and the son and daughter-in-law are living separately, then the daughter-in-law has no right over the property.
If the daughter-in-law is a widow: if the property is self-acquired, then the widowed daughter-in-law has no right to live in the property against the wish of her in-laws.
In-laws are not liable for maintenance: In case of the demise of the son, the parents are not obligated for the maintenance of the daughter- in- law with respect to their self-acquired property. The properties that are exclusively in the name of in-laws cannot be the subject matter of any attachment or enforcement of any rights of maintenance of wife against her husband.
No right over mother-in-law's property: A married woman cannot claim her right on the property that is self-acquired by the mother-in-law.The legal world is filled with jargon and terms that are not easily understandable by the common man who does not have the knowledge of them. For example:
Shared household means a house where more than one person lives and they share a domestic relationship.
Domestic relationship means the relationship between two people who at some point or are still living together.
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