Curated By: Business Desk
Last Updated: August 18, 2023, 12:47 IST
Women have equal rights as men when it comes to the property that belongs to their fathers. But even though they have this right, many women in the country don’t actually claim their share of their father’s property. But on the other hand, do you know what rights women have when it comes to the property owned by their husbands and their husband’s family? There is a prevailing belief that wives hold complete authority over their husband’s property, although this assumption is not completely true.
After getting married, women usually move out of their parent’s homes and go to live with their husband’s family. In such a situation, it becomes their house as well but this does not give them the right over the husband’s property. Let’s know how many rights women have over their husbands’ and in-laws’ property.
How many rights does a wife have on the husband’s property?
The common belief held by many is that a wife possesses exclusive rights to her husband’s property. However, this is not entirely correct. Beyond the wife, various other family members also hold legitimate claims to the property. In cases where the husband acquires property, his spouse, mother and children share rights to it. If a person has made a will, then after his death his nominee gets his property. That nominee can also be his wife. Conversely, if a person passes away without making any will, then his property is equitably distributed among his wife, mother, children and other eligible parties.
Wife’s right on husband’s ancestral property
In the event of her husband’s death, his wife loses her entitlement to his ancestral property. Nevertheless, following her husband’s demise, she retains the right to reside in her in-laws’ house and is entitled to receive maintenance from them. The court determines the maintenance amount based on the financial circumstances of the in-laws. If the woman has children, they inherit the entirety of their father’s share of the property. If the widowed woman decides to remarry, then the maintenance she gets will stop.
Property rights of a woman after divorce
In the event of a woman’s divorce from her husband, she is eligible to request financial support from her husband, a determination often based on their respective economic standings. Beyond regular monthly maintenance granted in divorce cases, there exists the possibility of a one-time settlement. After divorce, if the children reside with the mother, then the husband is obliged to provide child maintenance as well.
It’s important to note that, upon divorce, the wife doesn’t retain rights over her husband’s property. However, the children from the marriage maintain full entitlement to their father’s assets. Conversely, if any property is jointly owned by the husband and wife, regardless of its nature, it will be equitably divided between them.
