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Maintenance - Right of a married women
10 months ago
Right of a married women over ancestral property of her husband when he is alive
A.Dear client,
After 1956 the laws governing succession in Hindu Law were codified, granting women the right to property by recognizing their right to inheritance in a joint Hindu family and almost 50 after the inception of the Succession Act, in 2005 it was amended, to provide for women right in their ancestral properties, by including daughters in the definition of the coparceners. However, even now mothers, wife and daughter in laws, despite being members of the joint family don’t have any such entitlement.
A wife does not have any right to her husband’s Ancestral Property. Only coparceners of Hindu joint family (Mitakshra) are entitled to inherit ancestral property, and since the wife is not a coparcener in her husband’s joint family, she will not be entitled to the property.
However, when the ancestral property is divided and her husband receives his share from the total, which he can hold as his separate property. The wife will have a claim over her husband’s separate property if the husband dies interstate since she is a class 1 heir in accordance with section 8 of the Hindu succession act. If the husband leaves behind a will, then his property shall be divided in accordance with the will.
After 1956 the laws governing succession in Hindu Law were codified, granting women the right to property by recognizing their right to inheritance in a joint Hindu family and almost 50 after the inception of the Succession Act, in 2005 it was amended, to provide for women right in their ancestral properties, by including daughters in the definition of the coparceners. However, even now mothers, wife and daughter in laws, despite being members of the joint family don’t have any such entitlement.
A wife does not have any right to her husband’s Ancestral Property. Only coparceners of Hindu joint family (Mitakshra) are entitled to inherit ancestral property, and since the wife is not a coparcener in her husband’s joint family, she will not be entitled to the property.
However, when the ancestral property is divided and her husband receives his share from the total, which he can hold as his separate property. The wife will have a claim over her husband’s separate property if the husband dies interstate since she is a class 1 heir in accordance with section 8 of the Hindu succession act. If the husband leaves behind a will, then his property shall be divided in accordance with the will.
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