Daughter In law can’t claim right to live in self acquired house of mother-in-law

Sudha Mishra vs Surya Chandra Mishra

Delhi HC

25/07/2014

RFA 299/2014

About/from the judgment:

The legal position which can be culled out is that daughter-in-law has no right to continue to occupy the self acquired property of her parents-in-law against their wishes more so when her husband has no independent right therein nor is living there, as it is not a 'shared household' within the meaning of Section 17(1) of The Protection of Women from Domestic Violence Act, 2005. Wife is entitled to claim a right in a shared household which means a house belonging to or taken on rent by the husband or the house which belongs to joint family of which husband is a member. Daughter-in-law cannot assert her rights, if any, in the property of her parents-in-law wherein her husband has no right, title or interest. She cannot continue to live in such a house of her parents-in-law against their consent and wishes. In my view, even an adult son or daughter has no legal right to occupy the self acquired property of the parents; against their consent and wishes. A son or daughter if permitted to live in the house occupies the same as a gratuitous licensee and if such license is revoked, he has to vacate the said property.

Read the Judgment

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