Isha Anurag Upadhyaya 17 April 2020

financial status

hello sir/madam
meri shadi ko 4year ho chuke h. arrenge marriage thi. ek beta h 2yr3mnths ka. mere in laws mujhe starting s hi psnd nahi krte husband ko bhadkate h mujhe mayeke bhejne ki baat karte h.
Ye ghar mere husband or sasur k naam pr h but sare pese emi mere husband hi dete h. abi in laws jeth k yaha h kuch time se but vo vapas ayenge or yahi rhenge.
mujhe janna h kya is ghar pe mera koi huq h..

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3 Replies

manohar 18 April 2020

English version is required to get effective reply

Karishma Yadav 18 April 2020

Hello Ma'am,

Thank You for your question.

Under Hindu Succession Act 1956, there are provisions for both self- acquired as well as ancestral property.

For self- acquired property,

husband’s property can be inherited by a woman only after the death of the husband, provided that husband dies intestate. It means that wife does not get an automatic right to her husband’s property upon marriage and the husband should have not expressly excluded or denied her share in his will.
The wife is a class 1 heir and has a preferential right to property as against the heirs specified in subsequent classes under the act.

For ancestral property,

if the husband has an ancestral property, the wife does not have right to it unless she inherits it from the deceased husband.
However, as held in Janakiram v. Nagamony, it was held that in case of partition of joint family property, the wife has the right to a share equal to sons’ share.
She can hold such property and enjoy it separately from her husband. In a Hindu Joint Family, wives are denied other coparcenary rights beyond maintenance and residence.
In the case of Vaddeboyina Tulasamma v. Vddeboyina Shesha Reddi, the Supreme Court highlighted female’s right to maintenance as a tangible right.

Under Hindu Adoption and maintenance act, the husband is personally obligated to maintain his wife, children and parents. In the case of Varinnder Kaur v. Jitender Kumar, it was held that such an obligation can be met from the properties of the husband.

Thank you,

Regards,

Karishma Yadav

Raghav Arora 19 April 2020

I concur with Ms. Karishma Yadav. Accordingly, you can get a right only in case of his demise where he either dies without a will or leaves your name on the will. As you said he is paying the EMIs, it means it is not an ancestral property. So the next in line is you and your kids unless your husband willingly gives it to another in his lifetime or through a will. Also interstate means - Dying without a will. In case you could not get the meaning.

Please let us know if there is any follow-up question in your mind.