Self acquired property rights when person is live
Querist :
Anonymous
(Querist) 12 November 2011
This query is : Resolved
Respected experts
Sorry to say my English is poor but i try to ask question about property rights
some times ago( in year 2010 )news was published in Divya Bhaskar daily news paper (Gujarat State Ahmadabad Edition) about father in law property rights. The judgment/order of Hon'ble justice Vidhyasagar Kande Mumbai High Court. The daughter in law have No rights and claims on father in law's self acquired own property when father in law is a live. and she can't live in the house without permission of father in law. She was leave independently with his husband and children at last 15 years. after her husband death & now she was claimed his rights to leave in this undivided property.father in law reject her demand because her nature was very bad. her father & brother supported for to takeover this property. she was claimed about property in the Sessions Court. All the documents and Self acquired property is only father in law's name.and he is live.
Pl. give your opinion, help & guide to 80 years old father in law. if possible give judgment/order of Hon'ble justice Vidhyasagar Kande Mumbai High Court. Thanks
Rajeev Kumar
(Expert) 12 November 2011
In the eye of law no one has right on the self acquired property even the son during the lifetime of acquirer. There are so many judgements of supremecourt and various highcourts not only the judgement of Mumbai highcourt. For these judgements visit the site. www.indiankanoon.org
ajay sethi
(Expert) 12 November 2011
widowed daughter in law has no rights to father in law property. however if she is unable to maintain herself she can claim maintenance from her father in law .
Chanchal Nag Chowdhury
(Expert) 13 November 2011
For Hindus, self acquired property can be dealt with by the owner exclusively in his own way during his lifetime & none has any right to interfere. Only if such person die intestate does the question of succession arise.
Sailesh Kumar Shah
(Expert) 13 November 2011
Extract of section 19, which states about Maintenance of widowed daughter-in-law-:-
(1) A Hindu wife, whether
married before or after the commencement of this Act, shall be entitled to be
maintained after the death of her husband by her father-in-law.
Provided and to the extent that she is unable to maintain herself out of her own
earnings or other property or, where she has no property of her own, is unable
to obtain maintenance-
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall not be enforceable if the fatherinlaw
has not the means to do so from any coparcenary property in his
possession out of which the daughter-in-law has not obtained any share, and
any such obligation shall cease on the remarriage of the daughter-in-law.
