The Delhi High Court said that a wife possesses complete rights to utilize and benefit from her husband’s property throughout her lifetime, including its income. The court emphasized that this safeguard ensures her financial independence post her husband’s demise, preventing dependency on her children
NEW DELHI: On Wednesday (April 24), the Delhi High Court said on the rights of a Hindu woman who receives a life estate from her husband. The court emphasized that while the woman is entitled to enjoy the income from the property throughout her lifetime, she does not possess absolute rights over the property after her husband’s demise.
Justice Prathiba M. Singh emphasized that a wife inheriting her husband’s property provides essential financial security, preventing dependence on children after his death.
“In such cases, the wife holds full rights to use and enjoy the property for her lifetime, including its income,” the Court stated.
The matter followed a property dispute between the testator’s (the one who made the will) three sons, one daughter, three siblings, and a granddaughter. The trial court had previously ruled that the wife, as per a will dated January 14, 1989, had become the absolute owner of the property, which was devolved as a life estate to her.
The court observed that since the wife of the testator had not made any will during her lifetime, there was no indication of any contrary intention to her husband’s expressed wishes in the will.
“The will explicitly states that the wife is not authorized to sell, transfer, or alienate the property in question. Therefore, claiming that she became the absolute owner after her husband’s death and could have sold the property contradicts the clear intent of the will and the deceased mother’s conduct,” the court stated.
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It further explained that interpreting her rights as absolute would go against the Hindu Succession Act’s spirit, as she acquired rights solely through the will.
“Her entitlement was limited to enjoying the property’s income during her lifetime, not absolute ownership,” the court clarified, overturning the trial court’s decision.
The High Court analyzed the will and observed that the wife did not possess the right to sell, alienate, or transfer the property as per the will. Although she could enjoy other rights, such as collecting rent and leasing the property, she had no authority to dispose of it.
The court noted that the absence of a will executed by the wife during her lifetime indicated her adherence to her husband’s expressed intentions.
The court further explained that interpreting the wife’s rights as absolute ownership would contradict the spirit of the Hindu Succession Act. The Act aims to provide a fair and equitable distribution of property among family members. In this case, the wife acquired rights solely through the will, granting her the ability to enjoy the property’s income during her lifetime without conferring absolute interest.
Based on these considerations, the Delhi High Court set aside the trial court’s order, which ruled in favor of the wife’s absolute ownership. The court affirmed that the wife’s rights were limited to enjoying the property and its income, as specified in the will. The property’s devolution would occur according to her successorship rather than as per the will itself.
Case Title: Manmohan Singh & Anr vs Shital Singh & Ors
