Rules Regading Daughter In law Eviction From Property

A woman serves many roles throughout her lifetime. She fulfills her roles as daughter, wife, and mother. But despite serving all these roles, her position in a family is always connected to her husband. Even her own family regards her as “Paraya Dhan,” and the family she goes to, there too, considers her an outsider and completely dependent on her husband’s presence.

However, facing all these adversities, she never forgets to fulfill her duty as a mother, wife, sister, and many other roles. But the concern is, still, she is treated as a household worker only. I am not saying this in the case of every woman, but mostly in India.

Many women also face backlash from the husband’s family members in case of the husband's demise, and in some cases, she is also thrown out of in-laws' home. So, it is really important for women to understand their property rights in case of any mishap and their rights that establish them as owners.

What are the rights of a daughter-in-law in, in-laws' property?

If your in-laws try to evict you from the property, its important to know your rights, before you take any action. A woman has rights only in her husband’s property. She can live in her in-laws' home as per their will. After her husband’s demise, she has only rights to her husband’s share.

A woman has only rights to her husband's share of her in-laws' property. She cannot claim any share in her in-laws' share and in their self-acquired property until they transfer it to their son’s name, because self-acquired property cannot be inherited by birth.

Daughter-in-law's legal rights in property in every religion in India:

In India, a daughter-in-law's rights concerning in-laws' and husband's ancestral property vary across different religions and legal acts.

Hindu Law: Under the Hindu Succession Act, a daughter-in-law does not have direct rights to her husband's ancestral property. However, she is entitled to maintenance from her husband or his family if needed. If her husband dies intestate (without a will), she may claim a share in his self-acquired property.

Muslim Law: Muslim women, including daughter-in-laws, do not have direct rights to their husband's ancestral property. However, they are entitled to a share of the husband's estate upon his death, based on Islamic inheritance laws. This share depends on the distribution among legal heirs.

Christian Law: Under the Indian Succession Act, a Christian daughter-in-law has rights over her husband's property if he dies intestate. She can claim a share in his self-acquired property, but not the ancestral property, which is usually inherited by the husband's legal heirs.

Parsi Law: Similar to other religions, a Parsi daughter-in-law has no claim to the ancestral property. However, she is entitled to maintenance and, upon her husband's death, can claim a share in his estate according to the Parsi Marriage and Divorce Act.

Special Marriage Act: If a couple marries under the Special Marriage Act, the rights to property for a daughter-in-law are similar to those in Hindu law, where she claims self-acquired property but not ancestral property.

Domestic Violence Act: The Domestic Violence Act provides that a daughter-in-law has the right to live in a shared household, even if the house is not owned by her in-laws and her husband has no ownership rights.

The courts have ruled that a married woman has the right to reside in such a property as long as her marriage exists. However, the Supreme Court has made it clear that a daughter-in-law has no rights over her in-laws' self-acquired property and cannot stay there against their wishes.

Property Rights for Widow Women in India

In India, a daughter-in-law is entitled to certain rights concerning her deceased husband's property, whether it is ancestral or self-acquired.

As a widow, she has the right to inherit her husband's property. Additionally, she has the right to live in her husband's house as long as their marriage is intact, even if the house is rented. However, if the house belongs to her father-in-law and is his self-acquired property, she does not have the legal right to reside there, as it is not considered a shared household.

Under the Hindu Adoption and Maintenance Act of 1956, a widowed daughter-in-law may be entitled to maintenance from her father-in-law, but only if certain conditions are met.

The Domestic Violence Act, however, gives a married woman the right to live in a shared household, even if the property is not owned by her in-laws and her husband has no ownership interest in it. This means that a married woman has the right to reside in such a property for as long as her marriage continues.

That being said, the Supreme Court has clarified that a daughter-in-law does not have any rights over her in-laws' self-acquired property and cannot stay in it against the wishes of her in-laws. Also, many in-laws ask, "How do I remove my daughter-in-law from my property?" Daughter in law eviction from property is not possible if her husband has a share in it; you can only evict her if the property is solely owned by you and your son has no share in it.

Conclusion

In India, Daughter in law eviction from property is not easy as a daughter-in-law has certain rights regarding her deceased husband's property, whether it is ancestral or self-acquired. As a widow, she has the right to her husband's property.

She also has the right to live in her husband’s house as long as their marriage continues, even if the house is rented. However, if the house belongs to her father-in-law and is his self-acquired property, she does not have the right to live there, as it is not considered a shared household.

Under the Hindu Adoption and Maintenance Act, 1956, a widowed daughter-in-law may be entitled to maintenance from her father-in-law, but only under specific conditions.