News India Live, Digital Desk: Property Right: Indian laws have given women and men equal rights in property, but often there is confusion on the subject of how much the wife has authority over the property of her husband or in -laws after marriage. This question is important for every married woman. Let’s understand the legal aspects related to it:
Three major laws related to property rights:
The main laws related to property rights in India are – Indian Succession Act, Hindu Succession Act, and Muslim Personal Law. These laws make it clear that only by marriage, the wife does not get authority over the property of the husband or in -laws, but these rights are fixed on the basis of circumstances.
When does the wife’s right over the property of the husband become?
- If the husband has earned property from his own earnings, the wife does not have a legal right over that property.
- On the death of the husband, the wife’s authority over that property automatically becomes until the husband has created a separate will. In such a situation, the right to property will be according to the same will.
- If both husband and wife have bought the property together, then both of them will have equal rights over that property.
Right to women’s maintenance:
According to the law, the wife has the right to alms for maintenance in the event of separation from her husband. However, in the event of separation, she cannot ask for any share in the husband’s property.
When will you get the right to the property of the in -laws?
- According to Section 8 of the Hindu Succession Act, the wife has no direct legal rights in the ancestral property of her mother-in-law or in-laws.
- On the death of the husband, the wife can gain authority over the ancestral property of her husband’s share.
Important decision of Supreme Court:
The Supreme Court had given a clear decision in the case “Gurupad Khandappa Magam vs Hirabai Khandappa Magadam” (1978) that the wife does not get the right to the husband or in -laws’ property. If the husband or in -laws do not want to make him a stake, then he does not legally have any right.
This information is necessary for every married woman so that she can understand her legal rights better.
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