A Delhi court has denied a woman the right to reside in a house owned by her father-in-law, saying she has no right in a property which exclusively belongs to her parents-in-law.
While setting aside the order of a magisterial court, Additional Sessions Judge Pulastya Pramachala allowed the appeal filed by the woman’s parents-in-law, saying that she is entitled to claim a right to residence in a house only if it is her husband’s property or if he has a share in it.
“In view of such uncontroverted facts and the fact that husband of applicant (woman) has already taken a house on rent, wherein she can seek a right to residence, the impugned order of the trial court cannot be sustained,” the judge said. Relying on a Supreme Court verdict, the judge said, “It is held that the daughter-in-law has no right in a property which exclusively belongs to her parents-in-law and such a property cannot be treated as a shared accommodation.” The court remanded the case back to the magisterial court to decide the woman’s claim regarding her right to residence afresh and directed her and the parents-in-law to appear before it.
The appeal was filed by the parents-in-law of the woman against the trial court’s order in a domestic violence case in which they were directed to allow her re-entry in their house considering it as shared household. In their appeal filed against a Mahila Court order, the parents-in-law of the woman had denied her allegation of torture or demand of dowry and claimed that her father in-law is the absolute owner of the property. They had further contended that the property is not a shared household property as considered by the trial court because the husband of the applicant has no right, share or title in it.
1. What verdict are you referring to. Is it divorce by mutual consent?
2. Previous to or on the date of divorce was the property registered in the name of the father in law?
3.The title holder of the property can transfer his property to anyone by way of sale, gift or by way of Will.
Was this self acqured property or ancestral property.
4 The terms agreed to by both the parties for divorce have to be looked into; with reference to ;eg alimony, maintenance, separate accomodation etc
5 Full details have to be looked into
6. It is desirable to contact a local lawyer
CASE 1:
What if after a few years of verdit , the parents of the man transfer their property to their son. Will at that point of time the daughter-in-law claim her right over the property.
CASE 2:
Also what if the daughter-in- law remaries by that time. Can she claim a share in the property.