For centuries, property inheritance for women in India had been mainly governed by a patriarchal system. Women were denied any share in the property, or their rights were highly restricted, making such laws discriminatory in nature. However, following legal amendments, such as the Hindu Succession (Amendment) Act, 2005, women now enjoy equal rights with men to ancestral properties. Even after marriage, women are eligible to get their share of property. But what happens to a woman’s property after death? Can a husband claim his right over his wife’s property? A woman’s property may refer to inherited properties as well as Stridhan and self-acquired assets. In this article, we will find out the property rights of a man over his wife’s property.
Property ownership in marriage
Understanding property ownership rules after marriage is important. The concept of matrimonial property does not exist as such. That is, no automatic joint ownership is given to the spouse. However, if the husband and wife jointly acquire a property, it is considered a jointly owned property, and the inheritance will depend on the personal laws and factors, such as the will (or lack thereof) and family settlements. Given scenarios such as divorce, there is a need to protect married women’s rights, and hence, there are specific laws, such as the Married Women’s Property Act, 1874. The law allows a woman a separate legal right to her assets.
Moreover, the Hindu Succession (Amendment) Act, 2005, provides daughters with equal coparcenary rights by birth, like sons. That is, the woman gains the same rights over her father’s property as she would if she were a son. Moreover, she will have the same liabilities as a son.
Further, the rights also differ based on religion and the specific laws, such as the Indian Succession Act. In an Islamic marriage, a woman has the right to receive a ‘Mahr’ or Dower from her husband on marriage.
Does a husband have a legal right on his wife’s property?
Marriages are not just about companionship but about shared responsibilities and assets. However, understanding each spouse’s individual rights becomes crucial when it comes to their personal assets and properties. In India, property ownership does not change automatically after marriage. So, a husband does have the right to his wife’s property while she is alive. Only in the case of joint ownership or inheritance based on personal laws does a husband get to claim his right over the wife’s property.
Section 14 of the Hindu Succession (Amendment) Act, 2005 mentions the absolute ownership of property by women. Under this provision, a woman (female Hindu) will be the full owner and not a limited owner of any property she acquired before or after the commencement of this act. This applies to both movable and immovable assets.
A woman may acquire a property through any of the following ways:
- Inheritance of a property
- Partition of a property
- Maintenance or arrears of maintenance (in case of divorce)
- Gifted property, before, during or after her marriage
- Acquired property through skill or exertion
- Purchase or by prescription
- Any property held as Stridhan immediately before the commencement of the act
- Or property acquired in any other manner whatsoever
In a Supreme Court judgement in 2024, it was declared that Stridhan is the absolute property of a woman, and she gets her full authority to dispose of it as she sees fit. It was further stated that while the husband has no control over the same, he can use it in times of distress. He also has a moral responsibility to reimburse the asset’s equivalent value to his wife.
Streedhan refers to gifts, including any sum of money or property a woman receives before her marriage, at the time of her marriage, during childbirth, or in widowhood, mainly from her parents, relatives, or in-laws. The ruling by the apex court aims to ensure financial security and independence of a woman in marriage.
Can a husband claim a wife’s property after her death?
The husband is a legal heir of his wife as per the Hindu Succession Act, 1956, which grants him the right to claim his share of his wife’s property if she dies intestate (without a will). The exact share of the husband will be governed by various factors, including other legal heirs. On the other hand, if the woman has left a will, the property distribution will take place as per the will.
Moreover, whether a husband has the right to his wife’s property will depend on the personal laws. According to the Indian Succession Act, 1925, in the case of a Christian woman, her property will be inherited by her husband and children if she dies without a will. In the case of Muslim women, the property inheritance will depend on the Sunni or Shia laws.
Can a husband claim his wife’s property in a divorce?
As per the laws in India, a husband does not have any right over his wife’s property in case of divorce if the property is solely owned by her. However, in the case of joint ownership and if the property is registered in both their names, the husband can claim his share as the legal co-owner. It is important to note that after divorce, the property is subject to division or settlement, irrespective of the share of financial contributions. Further, there is no provision for the automatic division of the property. The process must be governed by proper agreements or court intervention.
Housing.com News Viewpoint
Generally, a husband does not have legal rights to his wife’s property during her lifetime. In matters such as divorce, property rights are governed by several factors, including legal agreements that specify the share of each individual. Moreover, there are also cases where a husband may be financially dependent. So, in these scenarios, laws such as Section 24 of the Hindu Marriage Act must be referred. Hence, it is essential to be aware of the legal provisions to protect the property rights of an individual.
FAQs
Can a husband claim maintenance from his wife in India?
Yes, both husband and wife have the right to claim maintenance as per the law in India.
Is it necessary to transfer property after death?
Yes. As per the law, property transfer is necessary after the death of the owner to establish the legal heirs' ownership and avoid legal disputes.
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