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BBA LLB   23 February 2021

Matrimonial home

What are the property rights of a daughter-in-law in her matrimonial home? If a husband has deserted his wife, will the wife still have any rights in her matrimonial home?

 2 Replies

Anish Thakur 9459321520 (advocate)     24 February 2021

Daughter in law have living rights in her matrimonial home even after husband desserted her. She can demand her right through DV act.

Mansi Aggarwal   24 February 2021

Hello, thank you for your query.

The daughter-in-law of the family does not have any right to the self-acquired property of the in-laws. 

A married woman is a member of the Hindu Undivided Family (HUF) but not a coparcener. She has a right to the share of the property which her husband has acquired in the HUF property. 

If the husband has decided to live separately, then the wife cannot claim rights over the property. 

Under the Domestic Violence Act, the daughter-in-law has a right of residence in the house whether is owned by her in-laws or not and even if her husband does not have any ownership rights in the house. This right continues to exist until the marriage is not dissolved.

In Islam, if the husband dies, a widow is entitled to get a one-eighth share if there are children and gets one-fourth share if there are no children.

Hope this helps you.

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