Marriage is defined as the union of a man and a woman which is recognized by law and by which they become husband and wife. It’s a type of social union between two individuals that establish a certain type of rights and obligation between them, their children and their respective in-laws
WIFE’S CLAIM IN ANCESTRAL PROPERTY
A wife does not have any right to her husband’s Ancestral Property. Only coparceners of Hindu joint family (Mitakshra) are entitled to inherit ancestral property, and since the wife is not a coparcener in her husband’s joint family, she will not be entitled to the property.
However, when the ancestral property is divided and her husband receives his share from the total, which he can hold as his separate property. The wife will have a claim over her husband’s separate property if the husband dies interstate since she is a class 1 heir in accordance with section 8 of the Hindu succession act. If the husband leaves behind a will, then his property shall be divided in accordance with the will.
WIFE’S CLAIM IN HUSBAND’S SELF ACQUIRED PROPERTY
The wife does not have any claim to her husband’s self-Acquired property unless she inherits it from her husband after his death, however, she is only entitled to the property if the husband died interstate since she is a class 1 hire in accordance with section 8 of the Hindu succession act. If the husband leaves behind a will, then his property shall be divided in accordance with the will.
MAINTENANCE
A Hindu wife and widows have an absolute right to be maintained for her life out of her husbands share in the joint family property.
Wife also has a right to reside in her matrimonial house irrespective of whether she has title or right to the house or not.
A wife cannot claim her rights on husband’s property the wife can only claim for a property on her monetary share and can claim maintenance.
conculsion
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