Women in India are made to learn about how to maintain a household, rather than maintaining their finances. That is why the question of women being the sole owner of a property seems out of syllabus. The biggest reason behind such a mindset is the cultural setup where a woman is supposed to live with her husband after marriage. So people usually think that any property in her name will go to another family. A son on the other hand does not go anywhere even after marriage, and thus, any property in his name will stay within the family. Such a mindset gives rise to questions like “Does Wife’s Property belong to husband?”. Because people do not believe that women should own property.
If a person is searching about whether a wife’s property belongs to husband, they must read about Women’s property rights. A woman is entitled to own property, in her own capacity. Does wife’s property belong to husband, whether for divorce or after her death, needs to be understood through the applicable laws. So here, we seek to explain the various modes for a woman to own property. Thereafter, one can look at the applicable laws to understand whether a wife’s property belongs to her husband or not.
Sources of Property for Wife
There can be various modes through which a woman can own a property. Here is a discussion of different sources through which a woman may own a property.
- Stridhan
The term “Stridhan” or “Streedhan” comes from the Hindi words “Stri”, which means woman, and “dhan” which means wealth. As the term suggests, stridhan is a woman’s wealth. Coming to the legal perspective, Stridhan includes the gifts given to a woman at the time of marriage. It could be cash, ornaments, deposits, investments, receivables and immovable property. Another important aspect of Stridhan is that the source is not limited to the woman’s own family. It could be the gifts given by her family, friends, her husband’s family, his friends, etc.
If the question arises – Does wife’s property belong to husband in context with Stridhan, the Courts have been very clear. The answer is a big NO. Unless there happens to be a mutual settlement among the husband and wife at the time of divorce, where the wife seeks to give up on partial or whole of her Stridhan, she has all the right to keep it. In case of her death, it is upto her whether she makes a Will to decide who gets the Stridhan, or the applicable law of inheritance does the deed. In other words, the husband cannot claim his right over the wife’s Stridhan.
- Daughter’s Right in Father’s Property
Whether a daughter, either married or unmarried, will have any right in the father’s property, totally depends upon the inheritance laws applicable on them. Hindu laws keep sons and daughters on equal pedestal whether it is about coparcenary rights or self-acquired property. In case of Muslim laws, there is no right in parent’s property till they are alive. After death of parents, the rightful successors have specific shares in the property of the deceased. In either case, the property so inherited becomes the woman’s exclusive property.
- Self Acquired Property
If a woman is working and earning her livelihood, the property bought with her own money is her personal or self-acquired property. Nobody can accrue a right over a woman’s self acquired property unless she herself wishes to transfer or sell the same. Also, in case of her death, the said property is succeeded as per the applicable inheritance laws. In other words, the answer to “Does wife’s property belong to husband”, even if it is self-acquired one, the broader answer is NO.
Who is the owner of property after wife’s death?
If a married woman dies, there are two scenarios which play a vital role in deciding the answer to the initial question – “Does Wife’s Property belong to husband?”. First, the woman may have declared a Will reflecting her wishes about how her property may be distributed among her loved ones. The other one may be the applicable Succession Laws based on the specific religion followed.
Will in Law
Will is a legal concept wherein a person’s wishes regarding who gets their assets is predetermined, i.e., before death. In other words, while being alive, a person either orally or in writing determines whether their property goes to the family members, friends, orphanage, etc. The said Will comes into play after the death of the said person who made the Will. Religious laws play a great role in legality of Wills. For example, Hindu Succession Act, 1956 empowers a person to decide in whole about their self-acquired property. In case of rights in the ancestral property, the laws are different. Hence, if the wife declares in her Will to give all her property to her husband, he gets it. On the contrary, if she spares nothing for her husband and gives all her personal assets, be it jewellery or immovable property, to anyone except her husband, he doesn’t get anything after his wife’s death.
In Muslim Law, Will or Wasiyat is a concept, but unlike Hindus, a Muslim cannot make a Will for all the assets owned by him/her. Succession under Muslim Laws specifies the shares for specific relatives. While a person is allowed to make a Will, not all the assets, but a specific portion can be determined through Will. Usually, 1/3rd share of the property can be determined through Will. The rest goes as per the Muslim Succession Law.
Intestate Death
Intestate death, in its essence, can be connected with a person who died without making a Will. In this case, there is no express intention regarding distribution of the property owned by the deceased. Hence, whatever owned by the deceased is left behind, it is succeeded by the relatives as per the Succession Laws of specific religions, or the secular laws, as the case may be. Speaking of a wife’s property, if it is a Muslim woman, one-half of the property of the deceased wife goes to the husband if she has no children. In case of children, the husband’s share is one-fourth.
On the other hand, if it is a Hindu woman, the Hindu Succession Act is applicable. So, does wife’s property belong to husband after her death? The answer is NO. Section 15 of the Act lays the General rules of succession in the case of female Hindus and specifies the degree of heirs. The husband comes on the same pedestal as sons and daughters for succession of property after the death of a woman.
Wife’s Property after Divorce
Since divorce is off the table until matrimonial disputes arise, people are totally unaware of the legal status regarding property distribution after divorce. If you think that the wife gets half of husband’s property, that is not the case. And if you think that at the time of divorce, the answer to “does wife’s property belong to husband?” will go from NO to a YES, that also does not happen. First, if it is a case of settlement through mutual consent divorce, parties usually have agreed on specific conditions. In case of contested one on one of the grounds of divorce, the wife holds maintenance and alimony rights. Apart from that, the property owned jointly by the husband and wife is settled accordingly, whether through partition or payment to one by another, as the case may be. It may be noted that a wife holds all the rights on her Stridhan, unless contrary is agreed upon mutually by the parties.
Property Purchased in Wife’s Name
It is very common in India to buy property in the name of the woman of the house. The major reason is stamp duty, which is different and very less for women as compared to men. Hence, when a property is registered in a woman’s name, money can be saved through stamp duty. Whether it is in whole or a 50% share for women during registration of property, the ownership is not pre decided. In case of matrimonial dispute, if the woman claims ownership on the said property, while the husband claims to have made the whole payment, the husband needs to prove his stance. The husband in such a case may bring a declaration suit to prove to the Court through proof of transactions that the amount for purchasing the said property was afforded by him. Even the Courts are not unaware of the people’s conduct of registering properties in women’s names.
