Mukund (IMA) 12 October 2012

Womens right on in-laws property

Is a women having any rights on the property owned by her in-laws ?

If the husband is working in Dubai and wife living with in-laws then which one is considered the matrimonial home for wife? In this case can the wife stop the in-laws from sale of the property claiming it to be her matrimonial even if she is working ?

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4 Replies

Tajobsindia (Senior Partner ) 12 October 2012

1. Where husband lives is "matrimonial home" to a wife.
2. If the said property is owned / registered by In - Laws then she cannot agitate on its sale or gift deed or transfer to a trust provided her husband makes alternate arrangements for her "right to residence". Hon'ble SC as well as Hon'ble HC Judgments are in favour of In – Laws name registered properties and they can do jolly well to their own properties once child has been well cared for, educated, works for a living and now is married off to a Lady.
3. To your Dubai and or India que; it is amusing to share with you that few HC have said that “a wife cannot be made to go where husband lives / transferred” and flip this view and other HC have said “wherever husband goes wife should follow him”. So I leave the question of pick-up “residence” as per convenience to her best foresight read with In-Laws luck and take it that the bone of contention is now matter for HC to decide or even it may go to

1. Where husband lives is "matrimonial home" to a wife.
2. If the said property is owned / registered by In - Laws then she cannot agitate on its sale or gift deed or transfer to a trust provided her husband makes alternate arrangements for her "right to residence". Hon'ble SC as well as Hon'ble HC Judgments are in favour of In – Laws name registered properties and they can do jolly well to their own properties once child has been well cared for, educated, works for a living and now is married off to a Lady.
3. To your Dubai and or India que; it is amusing to share with you that few HC have said that “a wife cannot be made to go where husband lives / transferred” and flip this view and other HC have said “wherever husband goes wife should follow him”. So I leave the question of pick-up “residence” as per convenience to her best foresight read with In-Laws luck. Take it granted that the bone of contention is fertile matter for Hon'ble HC and or Hon'ble SC to sit on it (may be).