What are the rights of wife in husband property in India?

For decades in India, women struggled through powers and patriarchy to get their rights. After a successful fight and change in perception in Indian minds and of course laws, women finally enjoy property rights. Not only before marriage but women also have rights in property after marriage. Here is what you need to know about rights of wife in husband property in India. Read through to know about the rights of the wife in husband’s self acquired property, ancestral property and more.

Let us get this right first, according to Hindu Law by marriage the wife has rights on the husband's ancestral property. If the husband and wife separate this is how wife rights on husband property is established.

• If the husband and wife get divorced, the wife will have NO rights over the self acquired property of the husband.

• If the couple had a joint property, i.e., they have their names registered in the property registration papers then the wife has the right to her share of contribution in the property. If the wife has proof that she has made the contribution or payments for the property she can easily claim her rights in that property.

• If the husband separates and starts living with someone else without legally divorcing the wife then the wife can claim rights on the property as they are legally married. Legally married women have equal rights in husband’s property.

• Women in India have the right over the husband's share in the ancestral property. 

The Muslim laws are slightly different than Hindu laws.

A wife can take 1/4th of the share if there are no lineal descendants, otherwise the share is reduced to 1/8th times.

As per Indian Succession Act, the wife is entitled to get 1/3rd share of the property if the husband passes away intestate. 2/3rd share belongs to the couple’s children but if there are no children involved then half the share remains with the widow and rest goes to the family. 

I hope now you have better clarity on rights of wife in husband property in India.