Women can’t claim share in in-laws’ property: HC

A woman can assert right over spouse’s property, but not on that of her in-laws

NEW DELHI: In a major setback to a section of married Hindu women who eye the property of their in-laws, the Delhi high court on Wednesday ruled that a woman can seek a share in her husband’s property, but cannot claim a right to share the house of her in-laws.

“A woman can assert her rights, if any, against the property of her husband, but she cannot thrust herself (upon) the parents of her husband nor can she claim a right to live in their house against their consultation and wishes,” justice SN Dhingra said while upholding the injunction passed by a city court against a daughter-in-law seeking claim on her in-laws’ property.

Earlier, the supreme court had sought to redress the grievance of several aged in-laws who had been harassed by their daughters-in-law over their property.

“Sympathy or sentiment can be invoked only in favour a person who is entitled to it,” observed the apex court, while quashing several criminal cases filed by a daughter-in-law against her in-laws living in Gujarat.

A bench of justices SB Sinha and VS Sirpurkar also held that “maintenance of a married wife, during subsistence of the marriage, is on the husband.  It is a personal obligation.  The obligation to maintain a daughter-in-law arises only when the husband has died,” the court added.

“Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife (mother-in-law) can be directed to be enforced against such property’’, Judges had ruled.

In the meantime, the Law Commission’s recommendation to bring parity between male and female members of Hindu families is awaiting government’s nod.

The Commission said a father should also be entitled to claim a share of the cash or property left behind by his son who died intestate (without will).

It has sought amendment in the Hindu Succession Act to do away with a discrepancy in the 50-year-old law which entitles only mothers - not fathers - to get a share in the property owned by their sons at the time of their death.

Commission chairman Justice AR Lakshmanan wants that Hindu fathers be also given the status of Class I heir along with son’s widow, mother, daughter and son.

An analyst says “the idea behind elevation of father to Class I heir is to try and safeguard the interest of the elderly - quite like the Senior Citizen Welfare Protection and Maintenance Act”.

The expected beneficiaries of Commission’s proposal could be widower fathers, who fall (with fathers) in the second priority list (Class II) of heirs at the time of distribution of their children’s property.
b_rakesh@dnaindia.net