Women has no right to claim on the property of in-laws’, says SC

Women has no rights on in-laws property

Recently, the Supreme Court has come to rescue one of the senior citizens by evicting the estranged daughter-in-law from his Yamuna Vihar property. Now apex court is in the process to uphold the verdict of the Delhi High Court that a daughter in law has no right over a self acquired property of the in-laws, against the latter’s consent.

About Case:

To safeguard the rights of the single mother and her two children, Supreme Court ordered the husband to provide n alternate accommodation or property on her name and pay monthly maintenance as per law. In the recent order, one of the benches of Justices Uday Umesh Lalit and Madan B Lokur also put an end to years of fighting between the women, her in-laws and as well her husband by granting the couple divorce. However in the end judges made it clear that she will get possession of the flat only on vacating the father-in-law’s property.

Case against Delhi High Court ruling:

SC formalized a complex settlement between the feuding parties on an appeal which was filled by the woman against the Delhi HC ruling. High Court had directed her to hand over vacant and peaceful possession of the property to her estranged father-in-law, the owner, dismissing her argument that as a legally wedded wife, she had a right to live in the property. The victim claimed that property was purchased out by joint family funds, and argued that under Domestic Violence Act, the property is a shared household where she has the right to reside.

But in that particular case, advocate Prabhjit Jauhar from the side of father in law, filed a suit for her eviction in 2011 in the Karkardooma Court by arguing in effect that a daughter in law has no automatic right to a property self owned by the father in law, if it is not an ancestral home or one purchased with joint funds. Neither the Dv Act nor any other law permit the daughter in law to stay against the in laws wishes, he submitted.