INTRODUCTION:
Before we start with wife’s claim in husband’s property we should initially understand the marriage/matrimonial relationship. The concept of marriage is to constitute relationship of husband and wife. According to ancient hindu law, marriage is a sacred tie between two individuals and their families which cannot be broken. It is a relation established birth to birth which is not only sacred and religious but is a holy union also.
The modern concept of marriage is contractual in nature. It receives the ideals of liberty and equality. Today, it is an established notion that marriage, to be effective, must be an agreement, voluntarily entered into by both parties. To encapsulate, the Hindu marriage has not remained sacrament and has also not become a contract, but it has semblance of both.
It is often quoted that a girl once married belongs to her matrimonial home and has to fulfill all her duties, responsibilities with unwavering devotion. Apart from duties towards her husband and in-laws women also have some right like the right of residence, right to live with dignity and self-respect, right to be maintained, right to share in husband’s ancestral property after his death.
Now, for the protection of women from the cruelties and physical and emotional abuse government has enacted several laws like; The Protection of Women from Domestic Violence Act (DV Act); Section 125 Cr.P.C (Maintenance); Hindu Succession Act etc. which secure the interest of the wife through maintenance and alimony. Though wife’s right and dignity has been protected and many married women has attained justice in regard of the same but however, with the course of time these protection and maintenance cases have become a tool for extortion in the hands of deceitful woman.
Our blazing topic is; can wife claim in husband’s property. Before constitution or Hindu Succession Act, married woman had limited ownership in the property in the form of istridhan; estate acquired through succession or through instruments; right to maintenance until death of the concerned person. Subsequently, section19 of DV act talks about the residence order which safeguards the right of residence in the share household or matrimonial house.
We are going to discuss the wife’s right in husband’s property in detail:
- Right of share in husband’s property after his death or after divorce:
- Right of share in husband’s ancestral property
- Right of maintenance in husband’s self acquired property
RIGHT OF SHARE IN HUSBAND’S PROPERTY AFTER HIS DEATH OR AFTER DIVORCE
Ancestral Property:
In standard form ancestral property means is a property acquired by your great grandfather which has been passed down from the generation to generation up to the present generation without being divided or partitioned by your family.
Partitioned share of ancestral property held by single person again becomes coparecenary property as soon as child is born to such holder of the partitioned share of ancestral property.
In case of husband’s ancestral property, wife does not have the right to it unless until she inherits from the deceased husband.
However, in the case of partition of a joint family property, the wife has the right to an equal share after the demise of her husband. She can hold such property and enjoy it separately as wife has been made a Class I heir and has a preferential right to property as against the heirs specific in subsequent classes.
As per Hindu Succession Act, married woman only after the death of the husband can acquire any property in lieu of maintenance, or at or after her marriage and also any such property held by her as istridhan, whether acquired before or after the commencement of the act, shall be held by her as full owner thereof and not as a limited owner.
In the judgment of
Santosh vs Saraswathibai, AIR 2006 Kant 85–
Property given to widow in lieu of her maintenance, after coming into force of Hindu Succession Act, ripens into full estate and widow becomes absolute owner in view of section 14(1) of the Act.
Self Acquired Property:
Self acquired property is a property purchased by an individual from his resources or any property he acquired as part of division of any ancestral/coparcenary property or acquired as a legal heir or by any testamentary document such as Will.
Wife does not get an automatic right to her husband’s property upon marriage and if the husband have not expressly excluded or denied her share in his will.
Jugmohan Das vs Sir Mangal Das (1886) I.L.R 10 Bom 528
The Bombay High Court held that whether a son, to whom a father leaves his self acquire property by will, takes the estate by devise or by descent, the property continues to be self acquired in his hands.
OBSERVATION:
A married woman has exclusive rights over her individual property and as entitled to maintenance, support and shelter from her husband, or if her husband belongs to a joint family, then from the family. Upon demise of her husband, wife is entitled to an equal share of his portion, together with her children and his mother. Some of the judgements explain the scope of wife’s right in the property of husband without get in the way of the rights of husband’s parents and relatives.
B.P Achala Anand Civil Appeal No. 4250 of 2000-
The SC in this case observed that right of a wife to reside in the matrimonial home under personal laws. A wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband’s conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife’s right to maintenance. For the purpose of maintenance the term wife’ includes a divorced wife.
Roma Rajesh Tiwar vs Rajesh Dinanath Tiwari 2017 Bombay High Court
The court held that under section 19 of the Protection of Women from Domestic Violence Act, women have the rights to secure housing. It also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. This right is secured by a residence order, which is passed by the Magistrate.
Jupudy Pardha Sarathy vs Pentapati Rama Krishna & Ors. 2016(2) SCC 56
Court held that hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right. From the judicial pronouncement, the right of a widow to be maintained, although does not create a charge on the property of her husband but certainly the widow can enforce her right by moving the court and for passing a decree for maintenance by creating charge.
In the supra judgment held under the hindu law, the husband has got personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties. Recently, Hon’ble Supreme Court in a judgment of Satish Chander Ahuja vs. Sneha Ahuja, held that a woman can claim right to residence in the houses owned by relatives as well. This means that, she can seek residence order with respect to property which belongs to in-laws, if she and her husband lived there with some permanency after marriage.
CONCLUSION:
From the supra judgments we can easily conclude that legally wife is entitled to maintenance and alimony but that is also has been changed during the evolving period, she is entitled to claim her right in husband’s property but there is no definite law which says she will have the unambiguous right. Claiming of rights in husband’s property has to depend upon the case, on facts and other legal issues and the most imperative part is before deciding anything court will keep in consideration the interest of both parties without obstructing either party’s right and interest. Self-acquired property of husband is primarily his own property and a wife cannot seek share in the same during the lifetime of the husband.
