Legal Rights of Daughter-In-Law in India
The respondent`s father-in-law had filed an action for possession in the trial court in 2016 on the basis that he was the absolute owner of the property and the complainant`s husband – his son had moved to another location and was not inclined to live with his daughter-in-law. A second wife has all legal rights to her husband`s property, provided that her husband`s first wife has already died or divorced before the husband remarries. Their children have the same rights to their father`s share as children from their first marriage. If the second marriage is not legal, neither the second wife nor her children have the privilege of being the legal heirs to the husband`s ancestral property. The daughter of one family becomes daughter-in-law of another family after marriage. She has full rights to her father`s property even after marriage, but limited rights to her parents-in-law`s property. The judge stated that in this case, both stepparents are elders who have the right to live peacefully and not to be persecuted by marital discord between their son and daughter-in-law. For example, the Hindu Succession Act (HSA) applies to Hindus, Buddhists, Jains and Sikhs, as well as those who have converted to one of these religions or who were born out of wedlock. Hindu inheritance law does not apply to Indian Muslims and Christians, as they have the personal right to determine how property is inherited from their legal heirs. In this article, we will examine the property rights of those to whom Hindu inheritance law applies. In particular, article 17, paragraph 1, of the Domestic Violence Act stipulates that every woman in a family relationship has the right to live in a common household, regardless of her title or economic interest in doing so.
Real property ownership is no longer a fundamental right as a result of an amendment to the Constitution Act, 1978. However, it is a legal, human and constitutional right. Section 4(2) of the Hindu Succession Act did not include agricultural land in his inheritance. This provision will be repealed in 2005 by adding the right of inheritance on agricultural land. The law was amended to ensure greater equality between men and women, allowing women to exercise their rights to the land they worked. Previously, the 12. The Supreme Court ruled in favour of a girl`s rights to a common Hindu family property. A three-member panel composed of Judges Arun Mishra, S.
Nazeer and M. Shah had stated that the provisions of the superseded Section 6 of the Hindu Succession Act 1956 conferred coparcener status on a daughter born before or after the amendment in the same way as on a son with the same rights and obligations. Daughters are now equal to the sons of coparceners and receive the same coparcenary rights to their father`s property at birth. Girls remain coparceners for life, whether their father is alive or not. Therefore, their marital status does not affect the rights conferred on them by a change and they therefore continue to be part of their father`s HUF after marriage. The door to the sale of their share of property is open to girls without any ambiguity. Daughters can now claim the division of their father`s comparative property by claiming their share equal to that of their siblings and other coparceners, and they cannot be rejected on the basis of an oral family agreement. Upon acquisition of a share in the coparcenary assets, a coparcenary resident may bequeath his HUF share to any beneficiary of his choice and to the exclusion of other persons in accordance with his wishes. Justice Yogesh Khanna, who heard an appeal by a daughter-in-law against a court decision denying her the right to remain in the marital home, stated that, in the case of a joint household, there was no embargo on the owner of the property to demand the eviction of her daughter-in-law and that in this case it would be appropriate for the appellant to be offered alternative accommodation until his marriage continued. If there is a division of property in a common Hindu family, daughters enjoy the same right as sons, daughter-in-law has no right to her parents-in-law`s property. She acquires the rights to the property of the parents-in-law only through her husband. The daughter of one family becomes the daughter-in-law of another family after marriage.
She has full rights to her father`s property even after marriage, but limited rights to her parents-in-law`s property. However, many decisions after Taruna Batra decided that daughters-in-law have the right to continue living in their joint household, regardless of whether the property belongs to the in-laws or not, but only on condition that the daughter-in-law has no other solution or such accommodation provided by the husband. The Supreme Court has put the final nail on the point to male primacy in the division of Hindu ancestral property, clarifying legal cobwebs to declare that daughters will have inheritance rights equal to sons belonging to fathers, grandfathers and great-grandfathers since the law was codified in 1956. The Chamber ruled that daughters have equal comparative rights to the property of the Hindu undivided family, whether or not the father is alive on 9 September 2005, asserting that this right is acquired by birth under section 6 of the Hindu Succession Act, 1956. Girls are entitled to the benefit in the event of legal succession and not testamentary succession. However, although the girls claim cooperative rights, they would not be able to challenge the sale or transfer of ancestral property by existing coparceners until December 20, 2004. A daughter-in-law has very few rights to her husband`s ancestral property. Personal laws govern inheritance in India. The Hindu undivided family (HUF) grants a daughter-in-law the status of family member from the date of her marriage, but this does not make her a coparcener. The daughter-in-law acquires rights to the family property through her husband`s share of property (either intentionally transferred from the husband or received after the husband`s death).
The daughter-in-law cannot claim rights to property that belongs exclusively to her parents-in-law, and this property cannot be treated as common property. In the case of the deceased mother-in-law, her share also goes to her children and the daughter-in-law acquires rights only from her husband`s share. Daughters-in-law have no rights to property acquired by their parents-in-law. She acquires the right to the property of the parents-in-law only through her husband`s share of the property. Section 3 of the Hindu Inheritance Act does not grant women the right to apply for partition within a household unless the male members so wish. This restricted women`s autonomy and rights and interfered with their privacy. Accordingly, section 3 of that law was omitted. What share can married girls claim in their father`s property? According to the Supreme Court`s decision, a daughter in her father`s ancestral possession is granted a right equal to that of her brothers. However, this does not mean that after the death of the father, the property will be divided equally between a brother and a sister. Since inheritance law also confers property rights on other legal heirs of the deceased, the division of property is based on each heir`s share in accordance with applicable inheritance laws. A married daughter who has an equal share of her father`s property simply means that no matter how much she claims, her brother will also receive the same share.
It also includes provisions to protect the property rights of parents – and in-laws – by giving them the choice to evict the daughter-in-law from their own property in the event of family disputes. Under the 2005 Domestic Violence Act, daughters-in-law have the right to live in a “joint household” or “marital household” during and after domestic violence proceedings. On October 15, the Supreme Court overturned its earlier ruling on the domestic violence law, saying daughters-in-law had the right to stay with their in-laws. Indeed, Indian women can now claim residency rights in their in-laws during and after domestic violence trials. In the case of property acquired by the father, the son or daughter has no right of birth. If the father dies without inheritance, the transfer of ownership takes place in accordance with the rules of the 1956 Act, under which the daughter is insured as a Class I heiress and has a right equal to that of the son and other legal heirs.
