11:31:00
In India property rights are quite complex when it comes to
women. How much share will they have in the net family property is quite a
complicated calculation to do. This may get complicated when she gets married
and becomes a daughter-in-law. A daughter and a daughter-in-law are guided by
different laws when it comes to sharing the property. There are many instances
where you have heard that a daughter-in-law has been deprived of her right to property
under some circumstances. That is why it is important to know the laws
beforehand. In case you are keen on knowing what the rights to property are for
the daughter-in-law in India, here we are to provide you with the right
information.
Hindu Succession Act, 1956
The Hindu Succession Act which was amended in 2005 is one of
the fundamental laws regarding a daughter-in-law’s right to ancestral property.
The Section 6(1) of the Act considers the daughter in a Hindu Undivided Family (HUF)
to be a coparcener or a person who owns a property in a direct line of descent.
That means if you are a daughter, you have an equal property right in the
family since your birth. On the other hand if you are a daughter-in-law, you
become the member of the family as per the HUF rules but you don’t have a right
as a coparcener. You can acquire the right to property through your husband’s
net share in the household property. The property can either transferred to you
willingly by your husband, or you can receive it in case of demise of your
husband. You cannot claim any right on the property exclusively owned by your
in-laws. In case of your in-laws death, the property will be inherited and
shared among the children including your husband, whose share you can enjoy
only.
Shared Property
According to the Section 17 of the Protection of Women from Domestic
Violence Act of 2005, every woman can reside in the shared property. A shared
property means:
·
The aggrieved woman or the victim has owned and
jointly rented it with the accused
·
They own or pay rent separately but has an equal
amount of right, equity, interest or title
·
If the accused stay in a joint family, that will
also be considered as a shared property
It is not necessary for the violated woman to own or co-own
the shared property. The Court has although ratified the definition of a shared
property. They have held that a shared property doesn’t include the house of
the husband’s parents in which she stayed with her husband till the Act was
committed. If the concerned woman is denied a stay in the shared property, the
conduct of whoever is accused, either the husband or any of his relatives will
be considered as an abuse.
Streedhan
This is a very important law regarding a married woman’s
access to property. It refers to all the gifts and endowments you receive
during your wedding or before it and during giving birth. According to the
Supreme Court, you have absolute claim over these properties. Even if you get
estranged from your husband, your right over these remains the same. If you are
denied the right, it will be regarded as a criminal offence.
Parent’s house
According to a law by Supreme Court, a father has all the
legal right to give his married daughter to have access to his property, and
give away the house he is staying after he has died depriving other relatives.
In case he doesn’t leave behind a will, you can have equal rights on her father’s
property in case you aren’t the only child. You can also have similar right on
your mother’s property.
There are some areas where as a daughter-in-law, you cannot
exercise your right to property. They are:
o In case your husband stay separately from your
father-in-law, you have no right over your in-law’s property. It will not be
considered as a shared household.
o
In case the daughter-in-law is a widow, she has
no rights to stay in the in-law household if they don’t permit her.
o
The parents-in-law has no liability to look
after their daughter-in-law in case the husband fails to oblige or he is absent
or deceased. She cannot claim any right over their self-acquired property.
o
You have no right over your mother-in-law’s property.
