A daughter-in-law has no right to continue to occupy the self-acquired property of her parents-in-law against their wishes, the Delhi high court has held in a significant order.
Justice A K Pathak in a recent verdict, made it clear that a self-acquired property doesn't fall under the definition of a "shared household" enunciated in the Domestic Violence Act and a daughter in law can't enforce her right in such a property.
In fact, HC went a step further, holding that even an adult son or daughter has no legal right to occupy the self-acquired property of the parents against their consent.
"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 licence is revoked, he has to vacate the said property," the court noted in its order.
Article referred: http://timesofindia.indiatimes.com/city/delhi/Bahu-cant-occupy-in-laws-own-property-Delhi-high-court/articleshow/40020176.cms?
Justice A K Pathak in a recent verdict, made it clear that a self-acquired property doesn't fall under the definition of a "shared household" enunciated in the Domestic Violence Act and a daughter in law can't enforce her right in such a property.
In fact, HC went a step further, holding that even an adult son or daughter has no legal right to occupy the self-acquired property of the parents against their consent.
"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 licence is revoked, he has to vacate the said property," the court noted in its order.
Article referred: http://timesofindia.indiatimes.com/city/delhi/Bahu-cant-occupy-in-laws-own-property-Delhi-high-court/articleshow/40020176.cms?
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