Response

A wife has no right over the ancestral property that has been passed down to her husband.

The only memebers eligilble for acquiring of the assets are the coparceners of a Hindu joint family (Mitakshra). Because the spouse isn’t always a coparcener, she has no proper or name to the ancestral assets.

There is a case while the spouse has a right to the husband’s ancestral assets. When the ancestral assets is divided, every coparcener gets his or her personal part. The ancestral assets then will become the coparcener’s self-acquired assets.

If a coparcener dies intestate, his property is inherited via way of means of his spouse, who’s a class I heir.

When it comes to self acquired property, wife does not have any right over the property until after the death of the husband

If her partner dies intestate, she might be entitled toa portion of the property If the husband does not leave behind any assets to his spouse in his testamentary will, the girl will get hold of not anything from the deceased husband’s self-acquired assets.

The Hindu Adoptions and Maintenance Act, 1956, Section 18, stipulates that the spouse could be supported via way of means of her husband at some point of her life.

Section 19 on the alternative hand, refers to a bereaved daughter in law’s declare to upkeep from her father in law.

The spouse does now no longer have the identical entitlement to joint Hindu assets because the husband’s different relatives

Reference: Hindu Succession Act. 1956.
Case law:

1) Shripad Gajanan Suthankar vs Dattaram Kashinath Suthankar And … on 1 March, 1974

2) Dinaji And Ors vs Daddi And Ors on 10 November, 1989

3) Gouranga Sahu And Ors. vs Bhaga Sahu And Anr. on 16 June, 1975 – – AHG208 – 202100580 – 113 – 164- 20210019920210021509

LAWAYZ-2023-1009