Who Inherits? Daughters-In-Law And Legal Entitlement

In India, the rights of a daughter and a daughter-in-law differ when it comes to inheritance and property division in a family. While a daughter is considered a coparcener and has equal rights to her father's ancestral property, a daughter-in-law does not hold any legal right over her in-laws' self-acquired property. A daughter-in-law's rights to HUF property are acquired through her husband's share, and she is entitled to a share of his property after his death. However, during the existence of the matrimonial relationship, a daughter-in-law has a right of residence, even if the house is rented or not jointly owned with her husband.

Daughters-in-law have no legal right to self-acquired property of in-laws

In India, the position of a daughter-in-law in her in-laws' house has long been a topic of legal and social discourse. While the Indian legal system has evolved to provide more clarity and protection to daughters-in-law regarding their rights in the in-laws' house, there are still some gaps in the rights afforded to them, particularly when it comes to self-acquired property.

Self-acquired property refers to property that an individual acquires through their own sources or inherits through family division or a will. In the context of Indian inheritance laws, it is important to distinguish between self-acquired property and ancestral property, which is passed down from one generation to another. Ancestral property becomes self-acquired property once it is partitioned.

According to Indian law, a daughter-in-law does not have any legal right to the self-acquired property of her in-laws. This distinction was clarified in a landmark case, where the Supreme Court of India ruled that the definition of a "shared household" does not include the self-acquired property of the husband's parents if the husband himself has no legal right to it. This means that a daughter-in-law does not have the right to reside in her in-laws' house if it is self-acquired and not jointly owned by her husband.

The rights of a daughter-in-law regarding property are primarily derived through her husband's share in the property. In the case of the deceased mother-in-law, her share will be equally divided among her children, and the daughter-in-law will only acquire rights through her husband's share. This dynamic demonstrates the intertwining of rights between the daughter-in-law and the Hindu Undivided Family (HUF) system.

While daughters-in-law do not have coparcenary rights in the HUF and cannot directly claim a share of their in-laws' self-acquired property, they do have certain protections and entitlements. For example, under the Protection of Women from Domestic Violence Act (PWDVA), a daughter-in-law has the right to reside in a shared household, regardless of her legal ownership or interest in the property. This right ensures that she has a secure place to live and is protected from various forms of domestic violence.

Daughters-in-law have a right to residence in a shared household

In India, the rights of daughters and daughters-in-law regarding property ownership and inheritance have been amended over time. While daughters now have equal rights to their father's property, the rights of daughters-in-law are more limited and derived from their husband's share.

Daughters-in-law do not hold any legal right to the self-acquired property of their in-laws. Their right to residence in a shared household is protected under the Domestic Violence Act, 2005, which states that they have a right to reside in a 'shared household' or 'matrimonial household' during and after domestic violence proceedings. This right to residence remains intact even if the house is owned by the in-laws and the husband has no ownership rights. However, this right is contingent on the matrimonial relationship and ceases to exist if the marriage is dissolved. Additionally, if the daughter-in-law has alternate accommodation provided by her husband, she may not claim this right.

The interpretation of the term 'shared household' has been a subject of debate, with varying judgments from different High Courts. The Delhi High Court, in Shumita Didi Sandhu v. Sanjay Singh Sandhu & Ors. (2010), held that the right of residence under the Domestic Violence Act does not refer to a specific property but rather to a 'commensurate property' belonging to the husband or in-laws, which does not grant exclusive rights to the marital house.

The Supreme Court has also provided varying interpretations of the term. In S.R. Batra and Anr. v. Taruna Batra (2007), the Court held that the wife is entitled to claim the right to residence in a shared household, including a house belonging to or rented by the husband, or one that belongs to a joint family of which the husband is a member. However, subsequent decisions have held that daughters-in-law have the right to live in their shared household, irrespective of property ownership, as long as they have no alternative accommodation.

The conflict between the Domestic Violence Act and the Senior Citizens Act, which gives parents-in-law the right to evict their daughter-in-law from their property, has resulted in inconsistent judgments. An amendment to Section 17 of the domestic violence law has been suggested to harmonise the two Acts and provide clarity in such cases.

Daughters-in-law have a right to maintenance from their father-in-law under certain conditions

In India, the rights of daughters-in-law regarding inheritance and maintenance from their in-laws have been a matter of legal debate and have evolved over time. While daughters-in-law do not have a right to their in-laws' self-acquired property, they can acquire rights through their husband's share.

Daughters-in-Law and Property Rights

Under the Hindu Succession (Amendment) Act, 2005, daughters gained equal rights to their father's ancestral property, irrespective of whether he died before or after 2005. This amendment also granted daughters the same succession rights as sons, whereas previously, only unmarried daughters had legal rights to their father's inherited property.

Daughters-in-law, however, do not have the same rights as daughters. They have no legal claim to the self-acquired property of their in-laws and can only acquire rights to their in-laws' property through their husband's share. This means that during the lifetime of her husband, a daughter-in-law has no right to her father-in-law's property.

Maintenance for Daughters-in-Law

The question of whether a daughter-in-law can claim maintenance from her father-in-law has been addressed by various High Courts in India, with differing rulings. The Delhi High Court observed that a daughter-in-law can claim maintenance from her father-in-law if she has inherited some estate from her husband. This claim is supported by Section 19 of the Family Court Act, 1984, and the Hindus Adoption and Maintenance Act, 1956.

However, the Patna High Court clarified that a daughter-in-law cannot claim maintenance from her father-in-law under Section 125 of the Code of Criminal Procedure (CrPC). Instead, the Court stated that such claims should be made under Section 19 of the Hindu Adoption and Maintenance Act (HAMA). Additionally, the Patna High Court held that the father-in-law is not obligated to maintain his daughter-in-law unless there is ancestral property from which she has not received any share.

In summary, while daughters-in-law do not have a general right to maintenance from their father-in-law, under certain conditions, such as inheriting an estate from her husband, a daughter-in-law may be able to claim maintenance, as per the rulings of the Delhi High Court and specific sections of Indian legislation.

Daughters-in-law have rights to HUF property through their husband's share

In India, the rights of daughters-in-law to Hindu Undivided Family (HUF) property are governed by inheritance laws, which are based on the chosen religion of the property owner. While a daughter-in-law is granted the status of a member of the HUF from the date of her marriage, she is not considered a coparcener. This means that she does not have the same rights and liabilities as a son or daughter and cannot be appointed as 'karta' (manager) of the HUF property.

The daughter-in-law's rights to HUF property are derived from her husband's share in the property. She can acquire this share either through a willful transfer by her husband or as a widow after his demise. It is important to note that the daughter-in-law has no legal right to claim any share of the property that exclusively belongs to her in-laws, and such property is not treated as shared property. However, in the case of a deceased mother-in-law, the daughter-in-law will acquire rights to her husband's share of the property.

The rights of daughters-in-law to their husband's property, including ancestral or self-acquired property, are protected under the law. After the death of her husband, a daughter-in-law is entitled to receive her husband's share of the property along with his other legal heirs. This right is acquired by her as a widow and is applicable to both ancestral and self-acquired property. Additionally, a daughter-in-law has the right to reside in the shared household where she lived with her husband, regardless of whether it is owned by her in-laws or her husband. This right to residence is protected under the Domestic Violence Act, 2005, and ensures that she cannot be evicted or excluded from the shared household by her husband's family members.

It is worth noting that the share of property transferred to a daughter-in-law may vary, and it is generally less than what a daughter may claim. Daughters, on the other hand, have equal rights to their father's ancestral property, as clarified by the Supreme Court. They are also considered coparceners, giving them equal rights and liabilities in the HUF property from birth, regardless of their marital status. If a father dies intestate, his property will be equally divided among the legal heirs, which include daughters as Class I heirs.

Daughters-in-law have no right to residence in self-acquired property of the father-in-law

In India, the rights of daughters and daughters-in-law to their father's or father-in-law's property have been the subject of legal disputes and amendments. While daughters have been granted equal rights to their father's property, the same cannot be said for daughters-in-law.

In the case of a self-acquired property of the father or mother, their son or daughter has no birthright over it. If the parent dies without a will, the property will be equally divided among the legal heirs, which include daughters. This is according to the Hindu Succession Act, 1956, under which the daughter is considered a Class I heir.

However, the same Act also states that a daughter-in-law does not have a direct claim to her father-in-law's property. This is because, under Hindu law, only males up to four generations are coparceners (those who share equally in the inheritance of an undivided property), and all others are members of the family. Therefore, a daughter-in-law's property share is only through her husband, and she does not hold any legal right to her in-laws' self-acquired property.

The right of residence for a daughter-in-law is tied to her matrimonial relationship with her husband. Even if the house is not owned by her in-laws and her husband has no ownership rights, she has the right to reside as long as she is married. However, if the property is self-acquired by her father-in-law, she has no right of residence as it is not a shared house, and her husband has no share in it.

In summary, while daughters have been granted equal rights to their father's self-acquired property, daughters-in-law do not have the same rights to their father-in-law's self-acquired property. Daughters-in-law have no right of residence in such a property and their claim to any share of the property is only through their husband.

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