Response

A daughter in law has no right in the ancestral or self-acquired property of her in-laws. After the death of her husband, i.e. as a widow, she has the right in her husbandÕs property left behind by him. This property can be either ancestral or self-acquired. The right acquired by her is as a widow of the deceased husband.

So the Hindu Succession Act 1956 does not give any rights to widowed daughter in law with respect to father in law’s property. Thus if a father dies intestate, a daughter has an equal right in his property along with her brother, but the daughter in law has no right in the property of her father- in law till the time her husband is alive. After the death of her husband, she is entitled to get the share in the property of her husband along with his other legal heirs.

Also Section 19 of Hindu Adoptions and Maintenance Act 1956 provides for maintenance of widowed daughter-in-law by her father-in-law under the circumstances mentioned therein. Under Section 21 the widow of a pre-deceased son is a dependant.

The daughter in law has a right to residence only till the time matrimonial relationship exists with her husband. A widowed daughter in law has right of maintenance from her father in law under certain conditions only, as prescribed in Hindus Adoption and Maintenance Act, 1956.

Reference: Hindu Succession Act 1956, Section 19 Hindu Adoptions and Maintenance Act 1956, Section 21 Hindu Adoptions and Maintenance Act 1956
Case ref.
1.T.A. Lakshmi Narasamba vs T. Sundaramma And Ors. on 6 November, 1980
2.Balbir Kaur And Ors. vs Harinder Kaur And Ors. on 26 September, 2002
3.Gurdip Kaur vs Ghamand Singh Dewa Singh on 28 July, 1964

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LAWAYZ-2023-343