Hindu Succession Act : “Husband’s right to wife’s matrimonial property…”, High Court gave a landmark judgment
- Husband has no right over wife’s mahar property
- The High Court gave an important verdict
- Family of father-in-law will have no right
Andhra Pradesh High Court News Marathi : Andhra Pradesh High Court An important judgment has been given that if a Hindu woman inherits property from her mother and dies without making a will, her husband or in-laws’ family will have no right to that property.
Justice Taraldha Rajasekhar Rao, referring to Section 15(2)(a) of the Hindu Succession Act, 1956, said, “If a woman inherits property from her mother or father and dies childless, such property will pass to her father’s heirs and not to her husband.” The case concerned a property dispute in which a woman had gifted property to her grandson in 2002. Later, that cousin died childless in 2005. Subsequently, the woman revoked the gift and bequeathed the property to another relative.
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After the woman’s death, the second cousin tried to register her name in the revenue records, which was initially accepted by the revenue officer. However, the husband of the deceased cousin challenged the order and obtained a judgment in his favour. Filing a petition in the High Court, the second cousin argued that, according to law, the husband of the deceased cousin had no right to the property, as the property belonged to her husband and she had no children.
The court accepted this argument and ruled that the husband had no right to the property. The court also held that the husband had no right to question the validity of the annulment of the visitation, as he had not inherited any legal right to the property from his wife. Eventually, the High Court set aside the order of the junior officer and directed the concerned tehsildars to transfer the property in favor of the petitioner.
Property inherited by a woman from her parents is considered as self-acquired/absolute property. Even after marriage, her rights to the property remain intact and the husband has no right to claim the property. The court further clarified that marriage does not automatically change the rights to property. Therefore, neither the husband nor his family members can claim the property in the name of the wife or inherited by her. This decision has strengthened women’s property rights and is considered legally important for women’s financial autonomy. This will provide clear guidance in future such disputes.
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