Right of daughter in law in property which is given to mother in law by will
Section 2 (q), 17, 19 (1) (f), 26 - Criminal Procedure Code, 1973 - Section 125 - Will - Possession - Dispossession - Scope of - Civil Procedure Code, 1908 - Order 12 Rule 6 - Suit for possession, permanent injunction and mesne profits against the defendants, her son and mother in-law, in respect of a portion of property - Suit property left to the plaintiff's by her husband through a registered Will - Single Judge on the basis of execution of will decree the suit and held that the suit property could not be considered to be "shared household" - Mere proclamation does not have a dispositive legal effect, breaking all legally relevant familial ties - Absent a deed of relinquishment or other formal deed of partition of the family or separation between the members, the Court must be cautious in denying statutory rights to wives, as against members of the husband's family, on the basis of such tentative facts - To the contrary, if the Court is to place reliance on such acts, benefits enacted by the 2005 Act in favour of the wife would be by passed on account of alleged, and possibly fleeting, discords between the husband and his family - This approach is neither legally tenable, nor viable given the scheme of the Act - Judgment and decree of the single judge is set aside - Appeal is allowed.
Delhi High Court
Smt. Preeti Satija vs Smt. Raj Kumari And Anr on 15 January, 2014
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI
https://www.lawweb.in/2014/04/right-of-daughter-in-law-in-property.html
