INTRODUCTION:
A girl’s life is governed by various laws according to her position in Indian society. A girl has various positions during her lifetime as a daughter, wife, daughter-in-law, and mother. Whereas boys have the authority to inherit property as personal laws are mentioned in various acts. Hindu Succession Act, 1956 defines—
‘Coparcener’ is a person who descends an estate jointly with others or the person who is the current owner as a result of descent. The property that is being transferred from one generation to other shall be considered as ‘Ancestral Property.
SHARES IN PROPERTY OF MATRIMONIAL HOME:
When partition takes place, the such property becomes ‘Self-Acquired’. If the property is self-acquired by in-laws the son(s) and daughter(s) would not have the right to same. But if they die intestate the property would dissolve among Heirs listed in Class I of the Hindu Succession Act. The daughter-in-law shall have the share that is allotted to her husband by way of partition daughter-in-law-law shall only have right over the property that is owned by her husband.
Though the personal laws provide that a daughter-in-law is a member of the Hindu Undivided Family (HUF) from the date of her marriage. But it does not make her a coparcener. The daughter-in-law does not directly provide for the daughter-in-law’s share in property but through her husband. Such property shall not be treated as a ‘Shared Household’. The daughter-in-law shall enjoy her right to in-laws’ property by way of her husband’s share of the property.
CONTENTIONS:
The Maintenance and Welfare of Parents and Senior Citizens Act, of 2007 has overlapped with the Domestic Violence Act, of 2005. The former was passed to support senior citizens and old parents by the provision of maintenance. Whereas the latter is for the protection of the daughter-in-law. However, the former put the latter at a disadvantage as it provides them the right to evict their daughter-in-law.
The High Court while deciding a matter on Section 19 of the Domestic Violence Act. It was held that if she was to vacate the premises she must be provided with alternative accommodation. Similarly, in Vimalben Ajitbhai Patel v. Vatsalbhai Ashok Bhai Patel even when the house is owned by in-laws it would not come within the definition of a ‘Shared Household’.
The Delhi High Court provides that the Right to Reside does not mean Residence in a particular property. It could be ‘commensurate property’ that either belongs to their husband or in-laws and does not provide her exclusive right over their marital home.
Vinay Varma v. Kanisha Parishcha provides Guidelines to create a balance between the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the Domestic Violence Act, 2005.
- Relation between parents-in-law and daughter-in-law.
- If the parents-in-law evict the daughter-in-law it shall be the duty of the husband to take care of her. If the parents-in-law and son both cooperate in secret against the daughter-in-law burden to maintain the daughter-in-law shall fall on both son and parent-in-law.
- The parents-in-law may or may not shelter the daughter-in-law in their home if they lived in a joint family.
DAUGHTER-IN-LAW SHARE IN PROPERTY:
After the death of the husband, the daughter-in-law shall have the right to property left behind by him. The right would be acquired only when she becomes a widow.
The Punjab and Haryana High Court declared that the daughter-in-law shall have no right to Self-Acquired with the parents-in-law. In this case, the petitioner had a son and his wife living with them but as contented by the petitioner they were mistreated by them. Later, the son and his wife moved out and came after two years when a daughter was born to them. The frequent fights surfaced again and the son moved out. However, the daughter-in-law moved to court claiming that she has right over the matrimonial home.
The daughter-in-law shall have the Right to Reside in her matrimonial home as mentioned under the Domestic Violence Act. The daughter-in-law shall have this right until her relationship with her husband remains intact. The Supreme Court ruled that a daughter-in-law shall have no right over the property that is self-acquired by her in-laws.
The Right of Residence shall not come by way of filing civil cases about the property. The pending proceeding under Section 19 of the Domestic Violence Act which relates to the Right of Residence of women cannot initiate civil cases. The order of the criminal court granting interim relief shall be considered relevant under Section 43 of the Indian Evidence Act. The daughter-in-law shall have ‘Right of Residence’ even if the house is rented accommodation.
If both son and daughter-in-law have moved out then the daughter-in-law shall have no right to live in her matrimonial home. It cannot be claimed as a shared household.
The widowed daughter-in-law shall have no right to live in her in-laws’ home against their wishes if the property is self-acquired.
The daughter-in-law cannot claim maintenance from her parents-in-law. The maintenance shall be the obligation of the husband and no liability shall arise against the parents-in-law.
Any property that is the exclusive property of the mother-in-law cannot be claimed to be a shared household.
CONCLUSION:
Society’s advancement depends on the ability to promote and protect of rights of women. Every equal right and privilege in favor of women shall be a step towards the transformation of women in society. ‘Shared Household’ shall mean ‘house where a party to suit have once lived either alone or with respondent’. It would include a rented or property owned by the respondent. The Bench of the Supreme Court termed it as an ‘incorrect law’ and all judgments based on this definition are set aside. It shall not be understood in terms of the household to which husband has a share or aggrieved person have share’. It would be termed as a place where two people live or must have lived together at any point in time in a ‘Domestic Relationship’.
