Property Rights : Son-in-Law will also have Rights in Father-in-Law’s Property, big Decision of High Court.
Property Rights : Property disputes generally become more common when people are not fully aware of their legal rights over a particular property. Many people also do not know how much right a son-in-law has over his father-in-law’s property (damaad ka sasur ki property par kitna hak). The High Court has clearly explained this in one of its judgments. Whether a son-in-law can claim a right over his father-in-law’s property can now be understood from this High Court decision.
The Kerla High Court’s Decision
The judgment being discussed here was delivered by the Kerala High Court. According to the court, a son-in-law can claim rights over his father-in-law’s property only under specific circumstances. This is possible when the father-in-law purchases a self-acquired property with his own income and legally transfers it in the name of his son-in-law. In such a situation, the son-in-law can claim his right over that property.
If the father-in-law transfers half of his self-acquired property, the son-in-law can claim rights only over that half. If the father-in-law transfers the entire property, then the son-in-law can claim rights over the entire property.
There Should Be No Pressure on the Father-in-Law
If the father-in-law later proves that the property was transferred to the son-in-law under pressure, force, or coercion, then the son-in-law will not be entitled to that property. In such cases, the son-in-law may even face legal punishment. The father-in-law can then approach the court again to reclaim his property.
However, if the father-in-law fails to prove the pressure or dies before proving it, then the situation changes in favour of the son-in-law.
Daughter-in-Law’s Legal Rights Over Father-in-Law’s Property
Similarly, there are several cases where a daughter-in-law claims a right over her father-in-law’s property. The law has clearly defined provisions for this as well.
A daughter-in-law has no legal right over her husband’s ancestral property while the husband is alive. She also has no right over the self-acquired property of her father-in-law.
After the husband’s death, the wife is entitled only to the share of the property that would legally belong to her husband.
In a similar case, the Kerala High Court ruled that a son-in-law has no automatic right over the movable or immovable property of his father-in-law. The judgment also clarified that only if the father-in-law voluntarily transfers the property to the son-in-law, can the son-in-law claim rights over it.