Legal Reference Library

The Punjab and Haryana High Court has held that a woman cannot claim as a matter of right to occupy any part of a self-acquired property of her husband’s parents against their wishes. The court relied on a number of judgments and dismissed an appeal by a woman claiming residential rights on her matrimonial house, owned by her father-in-law. Justice Raj Mohan Singh upheld the judgment of the lower appellate court and held, ‘In view of above and in the light of aforementioned judicial pronouncements, it can be safely culled out that the appellant has no right to live in the self-acquired property of the plaintiff/respondent No.1. The lower appellate court has rightly passed the impugned judgment and decree against the appellant.’ Relying on apex court judgments, the court observed, “During subsistence of marriage, maintenance of a married wife is a personal obligation on the part of husband. Such an obligation can be met from the properties of the husband out of joint properties. The pro...

The Supreme Court in Gulshera Khanam vs. Aftab Ahmad, has held that any woman, married or unmarried, who has a legal right of residence in the building, is also included in the definition of “family” in relation to landlord, and is entitled to seek eviction of the tenant from such building for her bonafide need. The Bench comprising Justice J. Chelameswar and Justice Abhay Manohar Sapre set aside the Allahabad High Court judgment that had held that Section 3(g)(iii) of the of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, includes only an “unmarried daughter” and that the landlord cannot seek eviction for the need of her married daughter.  The court interpreted the provisions of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which defines “family” in relation to landlord or tenant of a building to include (1) spouse (2) male lineal descendants (3) such parents, grandparents, unmarried or widowed or divorced o...