Recently, the Delhi High Court ruled that a daughter-in-law cannot claim an independent right to remain in her mother-in-law’s self-acquired property once the residential rights granted to her husband have been revoked. Upholding an eviction decree, the Court clarified that residence rights available under law do not automatically override the ownership rights of a mother-in-law over her exclusively owned property.
The dispute arose from a family property occupied by a married couple and their child. After initially living with the husband's mother, the couple moved out due to family disagreements, but later returned to reside in the mother-in-law’s house. The mother-in-law subsequently permitted her son to stay in the property under a licence arrangement that required a monthly payment. When the agreed-upon amount remained unpaid, she terminated the arrangement and publicly severed ties with her son.
Despite the termination, the daughter-in-law and her child continued to occupy the premises. The mother-in-law then approached the civil court seeking protection of her ownership rights and obtained a decree in her favour. Challenging that decree, the daughter-in-law argued before the High Court that she was entitled to reside in the property as her matrimonial home.
Justice Neena Bansal Krishna rejected the contention, holding that the property belonged exclusively to the mother-in-law and could not be treated as a shared household in the facts of the case. The Court observed that once the husband’s licence to occupy the premises came to an end, neither he nor his wife retained any legal entitlement to continue residing there.
Emphasising the limited scope of residence rights, the Court stated, “Any right of residence is against the husband and not against the mother-in-law.” The Court further held that protections under the Protection of Women from Domestic Violence Act, 2005, cannot confer a greater right upon a daughter-in-law than what is available to her husband.
Finding no error in the civil court’s decision, the High Court dismissed the appeal and upheld the decree in favour of the mother-in-law.
Disclaimer: This news/ article includes information received via a syndicated news feed. The original rights remain with the respective publisher.
Picture Source :
