In-Law's Property is not shared household!

Bare reading of the „Will‟ transpires that after death of husband of respondent No.2, said property will be vested in respondent No.2. Perusal of the same reveals that it is nowhere stated that respondent No.2 has limited right only to live therein. Moreover, it is nowhere stated in the „Will‟ that the respondent No.2 would not dispose of the property. Therefore, during her lifetime, she is absolute owner of the property in question. However, if she dies intestate, certainly it will devolve upon respondent No.1, husband of petitioner herein. Moreover, it is specifically mentioned in the „Will‟ that neither of daughters of late Sh. Rajinder Paul Arora shall be entitled to receive any of his assets after his death.

Considering the facts noted above, it is clear that during the lifetime of respondent No.2, she is the absolute owner of the property in question and till then, said property cannot be held as a "shared household".

In view of the above discussion and on the basis of the „Will‟, the petitioner has no right in the property during the lifetime of her mother- in-law, i.e., respondent No.2 herein. The property will devolve upon respondent No.1 only after her death. Before that, the petitioner cannot claim any right or title in the property.