DAUGHTER IN-LAW’S RIGHTS IN ANCESTRAL PROPERTY
Property

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.

People who read this Article also Consulted a Lawyer about inheritance law for daughter in law. 

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.

Soumya Shekhar
Soumya Shekhar 03 min read 59742 Views
Know About Daughter's Rights in Mother's Property
Property

Know About Daughter's Rights in Mother's Property

Under Hindu law, a mother turns into the property owner regardless of whether she gets it through a will or by any other method. It becomes self-acquired property for her. In case the mother has inherited ancestral property from her father, i.e., even though the property is ancestral; it turns into the mother's self-acquired property. There are no criteria or qualifications in the Hindu Succession Act for married or unmarried daughters. In this way, whether the daughter is married or unmarried, she gets equivalent rights in the mother's self-acquired property alongside her sibling and husband of the deceased mother. In law, married daughters can uphold their right by filing a suit in the court for devolution of property as per the Hindu succession act.

The property of a mother devolves as per Hindu Succession Act, 1956, and the act applies to intestate succession. According to Section 15 of the Act, the following persons inherit a woman's property after her death.

  • Her children

  • Children of pre-deceased children

  • Husband

  • Mother and Father of the deceased mother

  • Heirs of husband

  • Heirs of father and mother

Though, during the mother's lifetime, only the mother has a right to claim her share in her father's property. As the daughter or son of such a mother, the individual can file a suit for partition through a power of attorney, which the mother will execute in her children's name.

On 11th August 2020, in the case of Vineeta Sharma vs. Rakesh Sharma, the Supreme Court of India passed a milestone judgment expressing that the Hindu Succession (Amendment) Act, 2005 will have a retrospective effect. The Amendment made in 2005 corrected Section 6 of the act to be in consonance with the constitutional belief of gender equality. The Amendment has now given a daughter equal rights as the son. The case settled the matter in inquiry; regardless of the Amendment made in 2005, it considered the daughter to have the similar right as of a son in the coparcenary property irrespective of the father being alive or dead before 2005. Father's death will not obstruct a daughter's right from claiming her share in coparcenary property. 

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DAUGHTER'S RIGHT IN MOTHER'S PROPERTY

Until the Amendment in 2005, daughters had no right to property. They were merely members of the family and did not have a share in the property. After marriage, a daughter was viewed as a part of her husband's family. But now, a daughter has certain rights that can be exercised.

As per the Hindu Succession Act, 1956:

  • Both married and unmarried daughters now have a legal right to their father and mother's property.

  • Daughters can now also become the manager or Karta in ancestral property.

  • Daughters have the same rights and obligations as their sons.

  • Daughters have an equal right to be coparceners. 

 

MARRIED DAUGHTER'S RIGHT IN MOTHER'S PROPERTY

A married daughter has equivalent rights in her mother's property as the son, in the event where the mother dies intestate; the married daughter inherits the share equally with the son according to the Act of 1956. The married daughter is the legal heir of her deceased mother, and subsequently, she has the right to claim her share in her mother's property. Her mother's share in the ancestral property shall become her mother's self-acquired property if she had died intestate; her legal heirs are entitled to a share as a right.

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DAUGHTER IN LAW'S SHARE IN MOTHER IN LAW'S PROPERTY

Hindu Undivided Family (HUF) awards a daughter-in-law the status of a HUF member; however, it doesn't make her a coparcener. The daughter-in-law acquires HUF property rights through her husband's share in the HUF property (either given by the husband or received after the death of the husband). The daughter-in-law cannot claim any right on the property exclusively to her in-laws. On account of her mother-in-law's demise, her children will get the share in her property, and the daughter-in-law will acquire the rights only of her husband's share. And thus, the daughters-in-law do not have the right to self-acquired property of her in-laws. In Jitendra Kumar v Varinder Kumar the Punjab and Haryana High court held in 2016, the daughter in law cannot claim the self-acquired property of her in-laws. Similarly, in the case of SR Batra v Taruna Batra, the Supreme Court held that a mother-in-law-owned house could not be claimed as a shared household. The daughter-in-law cannot claim her right over such property.

People who read this Article also Consulted a Lawyer about Property Registration process. 

Soumya Shekhar
Soumya Shekhar 03 min read 107617 Views
Property Rights of a Child after their parent's divorce
Property

Property Rights of a Child after their parent's divorce

When a couple gets divorced, the biggest casualty of this divorce is the children. They suffer from emotional and mental trauma. Future insecurity and doubts over the inheritance of property should not be added to this already stressful time. Hence, it is important to know how a child would get a share in their parents' property after their divorce. 

Also Read:  How Can You Marry Your Foreign Soul Mate In India, Legally?

Right of a daughter in her father's property

The rights of the daughter to her father's part of the property have always been one of the most discussed topics of equality and fairness. Daughters become co-owners of familial property after 2005. In 2020, the Supreme Court ruled that daughters have equal access to their father's property, even if they died prior to 2005. This strengthened their inheritance rights further.

The coparceners' daughters will benefit from the judgment and will be given equal rights as sons in their father's property. They would now have a right to inherit their father's property by birth. The daughter can also request a share in the property and bequeath her share in a will. But this case is only limited to HUF property.

A daughter has the right to both her father's ancestral property, which has been passed from her grandfather and in the self-acquired property of her father. A father, however by will, may exclude a daughter or a son from his property. 

A daughter will continue to be a coparcener in the ancestral property, even after her parents' divorce. She will have a claim on her parents' property even after divorce. However, if the property is self-acquired, then she will have a right over the property if she has not been specifically excluded from the will of her parent's intestate. 

Also Read:  Divorce Law in India 

Child's rights on father's property after divorce in India

Children's rights in their father's ancestral property are not affected upon divorce. Unless there is a will excluding them from inheriting the ancestral property. 

Father's property rights to son are not affected after divorce. A father's self-acquired property is his own. He can choose to dispose of or transfer it in any manner he pleases to choose. A child cannot claim as a birthright, share in his father's self-acquired property. Typically, parents bequeath their self-acquired property to their children. If a father dies without a will, a child has a share in his self-acquired property as well, in the absence of a will to the contrary. The rights of children in the property of their father remain unaffected after divorce but depend on the father making a will; else, if he dies intestate, the rights to inherit the property is with the surviving legal heirs, and a child irrespective of divorce is a legal heir of his/her father.

Those who read this Article also Consulted a Lawyer about Child's property rights. 

Legal rights of a son on father's property in India

Son's rights on father property in India are discussed widely. The son is treated as a Class I heir of his father's property. He has a legal right over his father's ancestral property. He also has an equal share in his father's self-acquired property if the father dies intestate.  

According to the Mitakshara School under Hindu Law, the son has a right by birth in his father's and grandfather's property. If it is a self-acquired property of the parents/father, the son cannot claim it. But there can be a consideration regarding the same if he can prove his contribution to the property.  The self-acquired property is unlike ancestral property. It is created and contains his earnings and property, which he has acquired independently. 

While a son has a right by birth in his father's ancestral property, he does not have such rights in his father's self-acquired property. If the father chooses to exclude his son from his will, a son will not get any share of his father's self-acquired property. 

A son is the legal heir and co-owner of his father's ancestral property. As his birthright, a son inherits his portion of the ancestral property in the event of parental divorce. A son may also receive a portion of his father's self-acquired property after divorce if his father did not exclude him or if he died without a will. 

Also Read: Can Hindu Women Inherit Property From Their Parents? 

What rights does a Women have in her Husband's Property?
Property

What rights does a Women have in her Husband's Property?

A woman, apart from being a daughter and a daughter-in-law, is also a wife. In the capacity of being a wife, she has rights to her husband’s property. Indian law provides for certain rights of a wife over her husband's property. These rights are available not only to the first wife but also to the second wife. If a wife gets divorced from her husband, whether the divorce was mutual or not, decides whether the wife will get a share in the property of her ex-husband. The wife also has a right to the husband’s ancestral property through marriage. Let us see what are the various rights a wife has over her husband’s property. 

Property Rights of Wife in Husband's Property After Divorce in India

A divorce is a highly stressful time for the couple. However, property matters further complicate things. What if the husband and wife were living together in the same house? Who gets the house after the divorce? What if they had jointly owned properties or bank accounts? Maintenance is a separate issue. Hence, it is important to know the property rights of a wife after divorce in India. 

People also read: Property Rights Of A Wife After Her Husband’s Death

Wife's legal right on Husband's property

If the divorce is mutual and the property is in the husband's name, the wife may not have any right over the said property. For instance, if the husband and wife live in a flat that was purchased in the husband's name, after divorce, the wife cannot claim her right over the same. Indian law recognizes those as the owner in whose name the property is registered. 

In such cases, the wife can demand maintenance from the husband, under the law, but cannot stake a claim to the husband’s property. 

People also read: Memorandum of Understanding for For Mutual Divorce

If The Property is Jointly Owned

Modern-day couples often buy property, which is registered in the names of both the husband and wife together. Such property is jointly-owned property. What happens to such property after divorce? Can a wife claim her share over a jointly-owned property? Yes, a wife has a share in a property that she jointly owns and her husband, even after divorce. However, for her claim to be successful, she would need to show that she also contributed to the property's purchase. If the wife has not contributed to the purchase of the property, but her name is just mentioned in the registration document, she may not get the share in the property. Furthermore, the wife’s share in the joint property is equal to the share she contributed. Hence, if contributing to joint property and their husbands, women should keep a document trail proving their contribution to the said property. 

Couples can also resort to a peaceful settlement of the joint property. Whoever wants to retain the joint property can buy the other’s share, and an out-of-court settlement can also be reached on the same. 

If the couple is separated and the divorce proceedings are ongoing? 

Please note that a wife is her husband's legal spouse till the time the court legally pronounces them as `divorced.’ Till such time, the wife has right over her husband’s property. 

Situations may arise where a husband leaves his wife and starts living with someone else or separately. In such situations, the wife and the children born out of their marriage have the right to stake a claim to the property.

If the husband marries a second time then the wife and children from the first marriage would have a claim over the property. without getting divorced from his first wife

Those who read this Article also Consult Lawyer Online about property related rights. 

Wife’s Rights on Husband’s Property in India

A wife is entitled to inherit an equal share of her husband’s property. However, if the husband has excluded her from his property through a will, she does not have a right to her husband’s property. Moreover, a wife has a right to her husband’s ancestral property. She has a right to reside in her marital home and a right to be maintained by her husband.

Rights of Second Wife in Husband’s Property in India

If a man marries, without formally and legally divorcing his first wife, the second wife and her children's rights become limited. The law views the first wife as the legal wife till the time the court finalizes the divorce. 

Polygamy or having more than one wife is prohibited under Hindu law. Hence, if the first wife is living and is not legally divorced, then the second marriage assumes no legal significance. This means that the second wife will have no claim over her husband’s property. However, her children would stand to inherit their genetic father’s property. 

If the second marriage is legally valid and occurs after the first wife’s death or after the man is legally divorced from his first wife, then the second wife would get all the rights a wife would have over the husband’s property. These rights would be over the husband’s ancestral as well as self-acquired property. 

Hence, the second wife's right over her husband’s property depends upon the legal status of the marriage. It is important to check if the man you are marrying already has a living spouse or not. 

Thus, the property rights of a wife in India over her husband’s property depend on a variety of factors. It is important to know how a wife can lay claim over her husband’s property and what is her share in the same.

Soumya Shekhar
Soumya Shekhar 03 min read 145771 Views
Married Women's Property Rights in India
Property

Married Women's Property Rights in India

Discrimination against Indian women has continued since long. Till as recently as 2005, Indian women were not entitled to inherit property. They were not coparceners but only members of the family. In 2005, the Hindu Succession Act was amended, and hence, for the first time, daughters became coparceners. Married women are often not considered as part of their birth family. After 2005, a married woman stops being a member of her birth family but remains a coparcener. As a coparcener, she has the right to enforce partition. She can also become a Karta of a Hindu Undivided Family.

Married Women's Property Act

The Married women’s Property Act, 1874 (MWP Act) protects a married women’s property against her husband, his creditors, and his relatives. The MWP Act applies to all married women of all religions. If your husband runs a business and has creditors, they would have the first claim on his life insurance policies. If you and your husband bring such policies within the ambit of the MWP Act, then you and your children will have the first claim. MWP Act protects a married woman by ensuring that her property is not taken away by any third-party. A policy under MWP Act cannot be assigned to anyone else.

Who can be the Beneficiaries under the Married Women's Property Act?

The beneficiaries under the MWP Act are: 

  • Married woman and the child

  • Married woman alone

  • Child (both natural and adopted)

If you are a Muslim you need to have a named insurance policy. What share would go to the wife and what share would go to the child, can be expressed as percentages of share?

How will the Beneficiaries receive their benefits under the MWP Act?

MWP Act in India considers each policy as a discrete trust. Hence, the proposer also needs to name the trustees. Trustees are generally the wife or the child. The trustee can also be an adult child of the proposer or a third person. 

The moment the policy is brought under the MWP Act, a trust is created. There is no requirement to create a separate trust under the Trusts Act. Trustees can be changed at any time, but the beneficiaries once named cannot be changed. 

As stated earlier, the policy cannot be assigned. Hence, the proposer cannot take a loan against the policy. This protects the married woman’s rights to her property as no creditor can, later on, claim his right over the benefits arising from the policy.

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How can I get my Insurance Plan covered under the MWP Act?

When you are taking an insurance policy, inform your insurance provider that you want your insurance plan covered under the MVP Act. You would be given an addendum along with your insurance policy. You would need to fill in the name of your beneficiaries and trustees in the addendum. Please note that it is not compulsory to name trustees. You can avail of this benefit only when you are taking the policy. You would not be able to change your insurance policy later on. You cannot assign an existing insurance policy under the Act.

Those who read this Article also Consulted a Lawyer about Marriage Women's Property Act. 

 

What are the Safeguards Under the MWP Act?

MWP Act provides the following safeguards: 

  • It protects the dependants of the proposers from losing out on the proposer’s property. In the absence of the protection of the MWP Act, a creditor may lay claim to the proposer’s property. 

  • If you are a businessman, this would protect your personal property against your business debts. 

  • If the husband’s parents want to oust the wife after the husband’s death, they will not be able to do so, if a policy is protected under the MWP Act. 

  • Till the time the beneficiaries who are named in the policy are alive, no one else will have a right to the benefits arising from the property.

  • If you are part of a joint family, covering your policy under MWP may be beneficial.

People Also Read This: Widow's Rights in a Father-in-Law's Property

Is Surrender of Policies Allowed Under the MWP Act?

The proposer should make a surrender request. The surrender request should be signed by the policyholder and the trustee. When a surrender request is made, the beneficiary should not be a minor. The maturity benefits which arise out of the policy should go to the beneficiaries named in the policy.

MWP Act in India is a great tool in the hands of married women to protect their property. A life insurance policy protected under this Act would prevent the property of the husband from being taken away by creditors or even in some cases relatives. A married woman does not have the right to property in her marital home. Hence, it is important that the property of her husband is protected to the benefit of her and her children. Not many people know about the MWP Act. Hence, very few insurance policies are covered under the same. If you run a business or stay in a joint family or even if you are a salaried employee, it would be beneficial to cover your insurance policy under the MWP Act.

Soumya Shekhar
Soumya Shekhar 03 min read 4722 Views
Know about Daughter’s Rights in Ancestral Property
Property

Know about Daughter’s Rights in Ancestral Property

Daughters were not allowed to serve as coparceners in India. Hence, daughters lacked rights to ancestral property. Daughters are family members, but not coparceners. Parents were to care for their daughter till she was married. She moved into her husband's home and was no longer a member of her birth family following her marriage. Many feared that the spouse or the husband's family would seize the property; hence, daughters were not permitted to inherit ancestral property. This position altered after 2005 . The Supreme Court gave daughters equal rights in ancestral property.

1. Daughter’s Rights and Share in Ancestral Property as on 2023

Before 2005, only a son was a coparcener. A coparcener is an heir who acquires interest in the property by birth. A daughter was a member of the family but not a coparcener. A coparcener is someone who can enforce the partition of the property.  In 2005, amendments were made to the Hindu Succession Act. With these amendments now in 2023,  a daughter is a coparcener and hence gave her an equal share in the ancestral property.

 

2. A daughter can now have two kinds of rights in the ancestral property: 

a. Coparcenary rights: 

Before 2005, daughters were not coparceners in the Ancestral Property of their Hindu Joint Family. Hence, they had no coparcenary rights over Ancestral Property. Post-2005, after the enactment of the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners in the Ancestral Property of their Hindu Joint Family. Hence, daughters now have coparcenary rights over Ancestral Property. 

By definition, the three eldest generations of sons and daughters of the same Hindu Joint Family are now the Coparceners of that family's Ancestral Property. So, as a daughter, you will be a coparcener in the Ancestral Property if your grandfather, grandmother, or parent is the eldest coparcener in the family. Along with his brother[s] and sister[s], your father will also be one of the coparceners. Your sibling would also serve as a co-defendant. There may be additional coparceners, depending on the number of your living ancestors and descendants.

As a coparcener, you have certain rights to control the Ancestral Property. These are known as co-coparcenary rights. Two important co-coparcenary rights are: 

  1. Ancestral property cannot be disposed of without the consent of all the coparceners. Your consent will be necessary to dispose of the Ancestral Property. 

  2. As a coparcener, you have the right to unilaterally call for a partition of the Ancestral Property. No other coparcener can deny you of this right. 

Though the Supreme Court had made daughters coparceners, there was still some confusion regarding whether a daughter whose father died before 2005 would inherit ancestral property. Supreme Court clarified by holding that even if the father has died before 2005, the daughter will still have coparcenary rights over the ancestral property.

People Also Read This: Know About Inheritance Rights in India

b. Inheritance Rights:

Even before 2005, daughters had the right to inherit a share of the Ancestral Property of their Hindu Joint Family. Although daughters were not coparceners, they nevertheless had inheritance rights in the Ancestral Property. After enacting the Hindu Succession (Amendment) Act, 2005, daughters retain the same inheritance rights in the Ancestral Property. 

Similarly, your mother, as the daughter of your maternal grandparents, will be entitled to inherit a share of your maternal grandparents’ Ancestral Property. This will be considered Ancestral Property in the hands of your mother. A daughter can inherit her mother’s property after the mother’s demise.

2. Married Daughter’s Rights in Ancestral Property

A daughter is considered to be a part of the family and a coparcener even before she gets married. When a daughter gets married, she is no longer considered a member of the family. She is not even a coparcener in her own right. She has the ability to both become the Karta of the family as well as seek a division of the family's assets. When she goes away, her children will inherit the portion of the ancestral property that she had previously owned. A married daughter is entitled to an equal share of the ancestral property; however, she is unable to transfer or give her half of the property while she is still living. Wills are the only vehicle through which she can transfer ownership of her possessions. All daughters, regardless of whether or not they are married, are now considered to be coparceners as a result of a ruling reached by the Supreme Court in 2005.

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3. Daughter-in-Law’s Rights in Ancestral Property

Those who read this Article also Consulted a Lawyer about Property Rights for Daughter. 

Courts have not reached a consensus when it comes to daughter-in-law’s rights in ancestral property.  But the general judicial opinion is that daughter-in-law does not have a right to their husband’s ancestral property on their own. They only have a right to their husband’s ancestral property through their husbands. Hence, the daughter-in-law would inherit her husband’s share of the ancestral property.  If the property is self-acquired by her in-laws, then a daughter-in-law has no right to such property. A daughter-in-law only has a right of residence in the self-acquired property.