DAUGHTER IN-LAW’S RIGHTS IN ANCESTRAL PROPERTY
The life of a girl is governed by the numerous roles she plays during her lifetime. Her rights and responsibilities vary according to the position she acquires in the family. Be it the daughter, daughter-in-law, mother or a wife, the uniqueness attached to each of the positions, demands a separate set of rules which govern her obligations and what all she is entitled to. Unlike sons, who have been bestowed with the inherited authority to claim the self-acquired property of their parents; the rights of their wives do not fall in the same bracket. To add to it, the rights of the daughter and daughter-in-law are also not the same when it comes to the self-acquired property of the in-laws.
Rights of Daughter-in-Law in Ancestral Property
A daughter-in-law has very few rights in her husband’s ancestral property. Personal laws govern inheritance in India. The Hindu Undivided Family (HUF) grants a daughter-in-law the status of a member of the family from the date of her marriage, but this does not make her a coparcener. The daughter-in-law acquires rights to the family's property through her husband’s share in the property (either willfully transferred by the husband or received after the demise of the husband). The daughter-in-law cannot claim any rights on the property which exclusively belongs to her in-laws, and such property shall not be treated as shared property. In the case of the deceased mother-in-law, her share will equally devolve amongst her children, and the daughter-in-law will acquire rights on her husband’s share only. The daughters-in-law do not have right over the self-acquired property of her in-laws. She acquires right over in-laws property only through the share of her husband in the property.
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Property Rights of Daughter-In-Law
The property passed on from one generation to the other comes under the category of ancestral property. But when the partition happens, the ancestral property gets converted into self-acquired property.
When there is a division of property in a Joint Hindu Family, the daughters enjoy equal right along with sons, the daughter in law has no right in the property of her in-laws. She acquires rights to the in-laws’ property only through her husband. The daughter of one family becomes the daughter-in-law of another family after her marriage. She has full rights in the property of her father even after marriage but limited rights in the property of her in-laws.
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A married woman is a member of the Hindu Undivided Family (HUF) but is not a coparcener. The daughter-in-law has a right on the share of the property, which her husband has acquired in the HUF property. But she cannot claim anything over and above this. In case the mother-in-law dies, her share shall get divided amongst her children, and the daughter-in-law will be entitled to the part which has fallen in her husband’s share.
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Property Rights of Daughter-In-Law in India
After the death of her husband, i.e., as a widow, a daughter-in-law has the right to her husband’s property left behind by him. This property can be either ancestral or self-acquired. The right acquired by her is as a widow of the deceased husband.
The daughter-in-law has a right to residence only till the time matrimonial relationship exists with her husband. The right of residence is there even if the house is a rented accommodation. If the property is a self-acquired property of, her father-in-law, daughter in law has no right of residence as the said house is not a shared house because the husband has no share in it.
A widowed daughter-in-law has right of maintenance from her father-in-law under certain conditions only, as prescribed in Hindus Adoption and Maintenance Act, 1956.
Several court orders say that a daughter-in-law has a right of residence in a shared household under the Domestic Violence Act. Even if the house is not owned by her in-laws, and the husband has no ownership rights in the said house, a daughter-in-law has the right to reside. 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 remains 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 as a shared property.
If the property happens to be a self-acquired property, the widowed daughter-in-law does not have any right on it. The court further says that she cannot even live in the house against the wishes of her in-laws.
Frequently asked questions
What is the new law on ancestral property?
What is the new law on ancestral property?
The new law, as clarified by the Supreme Court in 2020, states that daughters have equal rights to ancestral property as sons, regardless of whether the father was alive on the amendment date of the Hindu Succession Act, 1956 (2005 Amendment). This ruling applies retroactively, ensuring daughters can claim their share of ancestral property.
What is the difference between ancestral and self-acquired properties?
What is the difference between ancestral and self-acquired properties?
Ancestral Property:
- Definition: Property inherited up to four generations of male lineage (father, grandfather, great-grandfather, etc.).
- Rights: All descendants, including sons and daughters, have a birthright to ancestral property.
- Partition: Can be divided among family members without the need for the owner's consent.
Self-Acquired Property:
- Definition: Property bought by an individual with their own resources or acquired through their efforts.
- Rights: The owner has absolute rights to sell, gift, or will the property to anyone of their choice.
- Inheritance: Only passed down to legal heirs if the owner dies intestate (without a will).
What is the concept of shared household?
What is the concept of shared household?
A shared household refers to a home where a person lives or has lived in a domestic relationship, either singly or along with their partner and family. Under Indian law, particularly in the context of the Domestic Violence Act, a shared household is a place where the woman has resided, either owned or rented, by her or her partner.
What is the Supreme Court judgment on shared households?
What is the Supreme Court judgment on shared households?
The Supreme Court of India, in the landmark judgment of S.R. Batra vs. Taruna Batra (2006), clarified that a shared household refers to the residence where the woman has lived in a domestic relationship. The court stated that a woman has the right to reside in the shared household where she has lived with her husband, irrespective of whether it is owned by her in-laws or her husband.
What is the right to reside in a shared household?
What is the right to reside in a shared household?
The right to reside in a shared household means that a woman has the legal right to live in the home where she resided with her husband or in-laws. This right is protected under the Domestic Violence Act, 2005, ensuring that a woman cannot be evicted or excluded from the shared household by her husband or his family members.
Can a daughter-in-law claim ancestral property?
Can a daughter-in-law claim ancestral property?
A daughter-in-law does not have a direct claim to her in-laws' ancestral property. Her right to the property typically comes through her husband. If her husband has a share in the ancestral property, she may have a claim to it, especially after his death, but she cannot claim the property independently.
What are the property rights of daughters and daughters-in-law in India?
What are the property rights of daughters and daughters-in-law in India?
Daughters:
- Ancestral Property: Daughters have equal rights as sons to ancestral property due to the Hindu Succession (Amendment) Act, 2005.
- Self-Acquired Property: Daughters have equal rights to their parent's self-acquired property if the parent dies intestate.
Daughters-in-Law:
- Husband's Property: They have rights to their husband's share of property, which includes both ancestral and self-acquired, after his death.
- In-Laws' Property: They do not have direct rights to their in-laws' property unless it is passed down through their husband.
What are the rights of a daughter-in-law after the death of her husband?
What are the rights of a daughter-in-law after the death of her husband?
After the death of her husband, a daughter-in-law has the following rights:
- Husband's Property: She has rights to her husband's share of ancestral and self-acquired property.
- Maintenance: She may claim maintenance from her in-laws' property if she is unable to maintain herself.
- Right to Residence: She has the right to reside in the shared household where she lived with her husband.
Can a daughter-in-law claim father-in-law's property?
Can a daughter-in-law claim father-in-law's property?
A daughter-in-law does not have a direct claim to her father-in-law's property. However, if her husband has a share in his father's ancestral property, she may claim her husband's share, especially after his death. She does not have any independent rights to her father-in-law's self-acquired property unless it is bequeathed to her through a will.
Does a daughter-in-law have a right to mother-in-law's property?
Does a daughter-in-law have a right to mother-in-law's property?
A daughter-in-law does not have a direct right to her mother-in-law's property. Her rights are generally tied to her husband. If the mother-in-law's property is self-acquired, she can decide to give it to anyone through a will. If it is ancestral property, the daughter-in-law can claim her husband’s share.
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Frequently asked questions
What is the new law on ancestral property?
What is the new law on ancestral property?
The new law, as clarified by the Supreme Court in 2020, states that daughters have equal rights to ancestral property as sons, regardless of whether the father was alive on the amendment date of the Hindu Succession Act, 1956 (2005 Amendment). This ruling applies retroactively, ensuring daughters can claim their share of ancestral property.
What is the difference between ancestral and self-acquired properties?
What is the difference between ancestral and self-acquired properties?
Ancestral Property:
- Definition: Property inherited up to four generations of male lineage (father, grandfather, great-grandfather, etc.).
- Rights: All descendants, including sons and daughters, have a birthright to ancestral property.
- Partition: Can be divided among family members without the need for the owner's consent.
Self-Acquired Property:
- Definition: Property bought by an individual with their own resources or acquired through their efforts.
- Rights: The owner has absolute rights to sell, gift, or will the property to anyone of their choice.
- Inheritance: Only passed down to legal heirs if the owner dies intestate (without a will).
What is the concept of shared household?
What is the concept of shared household?
A shared household refers to a home where a person lives or has lived in a domestic relationship, either singly or along with their partner and family. Under Indian law, particularly in the context of the Domestic Violence Act, a shared household is a place where the woman has resided, either owned or rented, by her or her partner.
What is the Supreme Court judgment on shared households?
What is the Supreme Court judgment on shared households?
The Supreme Court of India, in the landmark judgment of S.R. Batra vs. Taruna Batra (2006), clarified that a shared household refers to the residence where the woman has lived in a domestic relationship. The court stated that a woman has the right to reside in the shared household where she has lived with her husband, irrespective of whether it is owned by her in-laws or her husband.
What is the right to reside in a shared household?
What is the right to reside in a shared household?
The right to reside in a shared household means that a woman has the legal right to live in the home where she resided with her husband or in-laws. This right is protected under the Domestic Violence Act, 2005, ensuring that a woman cannot be evicted or excluded from the shared household by her husband or his family members.
Can a daughter-in-law claim ancestral property?
Can a daughter-in-law claim ancestral property?
A daughter-in-law does not have a direct claim to her in-laws' ancestral property. Her right to the property typically comes through her husband. If her husband has a share in the ancestral property, she may have a claim to it, especially after his death, but she cannot claim the property independently.
What are the property rights of daughters and daughters-in-law in India?
What are the property rights of daughters and daughters-in-law in India?
Daughters:
- Ancestral Property: Daughters have equal rights as sons to ancestral property due to the Hindu Succession (Amendment) Act, 2005.
- Self-Acquired Property: Daughters have equal rights to their parent's self-acquired property if the parent dies intestate.
Daughters-in-Law:
- Husband's Property: They have rights to their husband's share of property, which includes both ancestral and self-acquired, after his death.
- In-Laws' Property: They do not have direct rights to their in-laws' property unless it is passed down through their husband.
What are the rights of a daughter-in-law after the death of her husband?
What are the rights of a daughter-in-law after the death of her husband?
After the death of her husband, a daughter-in-law has the following rights:
- Husband's Property: She has rights to her husband's share of ancestral and self-acquired property.
- Maintenance: She may claim maintenance from her in-laws' property if she is unable to maintain herself.
- Right to Residence: She has the right to reside in the shared household where she lived with her husband.
Can a daughter-in-law claim father-in-law's property?
Can a daughter-in-law claim father-in-law's property?
A daughter-in-law does not have a direct claim to her father-in-law's property. However, if her husband has a share in his father's ancestral property, she may claim her husband's share, especially after his death. She does not have any independent rights to her father-in-law's self-acquired property unless it is bequeathed to her through a will.
Does a daughter-in-law have a right to mother-in-law's property?
Does a daughter-in-law have a right to mother-in-law's property?
A daughter-in-law does not have a direct right to her mother-in-law's property. Her rights are generally tied to her husband. If the mother-in-law's property is self-acquired, she can decide to give it to anyone through a will. If it is ancestral property, the daughter-in-law can claim her husband’s share.
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