Hindu Widow Right To Husband Property: Delhi High Court, in one of its decisions, has confirmed the rights of Hindu women to inherit property, which they have received after the death of their husbands. The court said that she can use her husband’s property throughout her life. But if other heirs including the woman’s children claim the property, then the woman alone does not have the full right to sell that property or give it to someone else. Let us know about it in detail.
Delhi High Court has given an important decision regarding the rights of a Hindu widow on her husband’s property. The court has said that if a Hindu woman has no earning and her husband has died, then she can use her husband’s property for the rest of her life. But the court has also made it clear that if other heirs including the woman’s children claim the property, then the woman alone does not have the full right to sell that property or give it to someone else. In fact, in a case related to this, the husband (who died before the wife) had made a will, in which he had given his wife the right to use the property till his death and further told what would happen to the property later.
Judge Pratibha M Singh said, ‘If a Hindu woman has no earning, then the property inherited through the will made by her husband is very important for her financial security throughout her life. Especially when a woman cannot depend on her children after her husband passes away. In such a situation, the wife has every right to use the property throughout her life and also to enjoy the income from it. But, it cannot be assumed that the entire property is only for the maintenance of the wife and after the death of the husband, she gets full rights over the property.
What is the whole matter?
This matter was related to property dispute. The trial court had ruled that since the husband had written a will before he died, the wife became the sole owner of the property because she had lived there for 23 years. But, this decision was challenged because six children and one granddaughter of the deceased had also claimed the property. One side said that the property should be divided as per the will written by the deceased, while the other side was saying that since the mother has become the sole mistress, there should be a new distribution of the property.
The court said, ‘It is clearly written in the will that the wife has no right to sell the property, give it to anyone or give it to anyone else. In such a situation, it would be wrong to say that after the death of her husband, she became the owner of the entire property and could sell it. The court also said that before the death of the husband, the wife had no right on the property. He got these rights only through his will.
