Right of daughter for the property

srikant sarangi (Querist) 08 March 2025 This query is : Resolved
Dear Experts,
My wife has four siblings sister, my father in law passed away in 2024. She has no brother. My mother in law is house wife. My father in law has purchased a house in 2000 and got registered on the name of mother in law. Me and my wife are looking after my mother in law after the death of my father in law. we want equally 5 share of property for all the sisters of my wife. My Mother in law want to gift property only to younger sister of my wife. though, this property is not the self earned property of my mother in law. My query is that , do we have any legal rights to stop my mother in law for gifting the house to younger sister of my wife.
Regards,
Srikant

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A man inquired about his wife's right to a share in her mother's property, which was purchased by the deceased father and registered in the mother's name. The mother intends to gift the property solely to one daughter. While initially advised the mother has absolute ownership, a High Court order suggests property bought by a husband in a homemaker wife's name may be considered family property, potentially allowing for a claim and protection against transfer.

T. Kalaiselvan, Advocate (Expert) 09 March 2025
This property was purchased by a registered sale deed on the name of your mother in law hence it becomes her own and absolute property.
Therefore she can transfer it to anyone as per her will and wish.

Advocate Bhartesh goyal (Expert) 09 March 2025
No,your wife has no right to claim any share in the property belongs to your mother in law as absolute owner moreso your mother in law is alive.Your mother in law being absolute owner has every right to sell,gift or transfer the property as per her wish no one has right to challenge her decision regarding transfer of property.

kavksatyanarayana (Expert) 09 March 2025
Yes. Your wife has no right to claim any share in your mother-in-law's property as it was bought in her name.

srikant sarangi (Querist) 10 March 2025
Dear Experts,
I have go through the court order by honorable Allahabad High Court, In which honorable stated that under Section 114 of Indian Evidence Act may presume the existence of fact that the property purchased by Hindu husband in the name of his spouse, who is homemaker and does not have independent source of income, will be the property of family, because in common course of natural event Hindu husband purchases a property in the name of his wife, who is homemaker and does not have any source of income for the benefit of family.
Regards ,
Srikant

T. Kalaiselvan, Advocate (Expert) 10 March 2025
The law has been explained to you, if you want to go by citations instead of invoking appropriate law, it is your choice, since you know the things better there's nothing to suggest you.

Dr. J C Vashista (Expert) 11 March 2025
She is absolute owner of the property despite the fact she had no independent income being a house-wife.
She can dispose it as she desire.

Sudhir Kumar, Advocate (Expert) 11 March 2025
Not understood which order of High Court in which case based on which facts is read by you.

P. Venu (Expert) 15 March 2025
Yes, the Allahabad High Court, in the case of Saurabh Gupta v. Smt. Archana Gupta & Two Others 2024:AHC-LKO:13664 had held as follows -

"15. Be that as it may, here the appellant is claiming the declaration of only 1⁄4th share in the property in dispute on the ground that the property belongs to a joint Hindu family and the
property was purchased during lifetime of father of the appellant in the name of respondent no.1, who was homemaker. This Court under Section 114 of Indian Evidence Act may presume the existence of fact that the property purchased by Hindu husband in the name of his spouse, who is homemaker and does not have independent source of income, will be the property of family, because in common course of natural event Hindu husband purchases a property in the name of his wife, who is homemaker and does not have any source of income for the benefit of family. Therefore, in such case prima facie the property is joint Hindu family property and protection of property from transferring to a third party is necessary, consequently this Court finds that the Court below, while passing the impugned order dated 25.04.2023 has not applied his mind despite being a prima facie case, and in such case protection is necessary against further transferring the property or changing the nature of same, if same is not protected, there are chances the property may be transferred or nature of property may be changed in that case even if the appellant's suit is decreed, then he will suffer irreparable loss and injury."

However, please note the Appeal had been filed against the denial of the order rejecting application under Order 39 Rule 1 and 2 CPC. The final verdict depends upon the evidence adduced during the trial as to whether it is a gift made by the husband to the wife or a benami transaction i the wife's name.

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