There are discussions on property disputes and family rights in India, but the Allahabad High Court has given a decision that has placed the daughter -in -law’s rights above the daughter. The court has clarified that being part of the family, the daughter-in-law gets special rights in property and maintenance matters, whether divorced or widow.
What did Allahabad High Court say?
The High Court said in its judgment that the daughter -in -law was not included in the category of “family” in the Uttar Pradesh Essential Commodities Distribution Act 2016. On this basis, the government issued an order on 5 August 2019, which has now been directed by the High Court to replace it.
The court also said:
“The daughter -in -law in the family is more than the daughter. The daughter -in -law, whether widow or divorced, is a family member and her rights cannot be denied.”
Affairs allowance: Mother-in-law can also provide cooperation
According to the law, if a woman has been divorced, and she is unable to afford herself, and her husband is also unemployed or helpless, then she can demand alimony from her in-laws.
Under Section 125 of CRPC:
- The woman has the right to maintenance.
- This right can apply not only to the husband, but also to the mother-in-law.
- If in-laws are capable, the court may order them to provide financial assistance to the woman.
Bahu’s property rights: What does the law say?
According to Hindu Succession Act 1956:
After the death of the husband, the wife has authority over all the assets of the husband. According to this Act, a Hindu woman may have the following types of assets:
- Asset from father or mother
- Property obtained from husband or in -laws
- Other property found as self earned or gift
This right empowers the woman and gives her the right to remain financially independent.
Son -in -law’s right: There is no claim on the property of the in -laws
According to the counsel of Patiala House Court, the son -in -law does not have any automatic legal rights in the in -laws’ property. Yes, if the daughter has died and the son -in -law has children, then in that case some property can be empowered. But:
- If there are no children, the son -in -law does not fall in the list of successors.
- No legal rights are automatically obtained even after claiming in court.
Daughters also have the right to equal
After amending the Hindu Succession Act in 2005, daughters have also got equal rights in ancestral property. Now the daughter also has equal rights to her brothers and is considered a member of the Hindu Undivided Family (HUF).
Also, after marriage, the woman also gets rights on her husband’s property in the same way as the husband does not have the wife’s property.
Stree Dhan vs. Purush: What does the law say?
Streeyhan is an important concept in Indian tradition. Marriage, gifts or things found from family are called Stree Dhan. In this:
- Husband has no right
- This is the personal property of the woman
Whereas there is no legal recognition of masculinity. This means that only women will remain right over female.
What are the rules in terms of domestic violence and dowry?
498A and 304B ipc:
- If the woman dies within 7 years of marriage and suspects of dowry demand, then there may be a severe punishment against the son -in -law and her family.
- The son -in -law can be sentenced to 10 years.
At the same time, if the law is considered to be a victim against the son -in -law, then he does not provide a clear provision to protect him. The Domestic Violence Act only provides protection to women.
The post Historical decision of Allahabad High Court: Bahu has more rights than daughter, know the property rights of women in India and important things related to alimony first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.
