Whether Wife Can Claim Share in Husband’s Self-Acquired Property

�� 1. General Rule under Hindu Law

Under the Hindu Succession Act, 1956 and general principles of Hindu law:

A wife has no right to claim a share in her husband’s self-acquired property during his lifetime.

Self-acquired property is the exclusive and absolute property of the husband, and no other family member (including wife, children, or relatives) can claim a share unless:

• Husband dies intestate (without a Will)
• Husband voluntarily transfers/gifts a share

This is a well-settled principle in Indian property law.

�� 2. Statutory Basis

A. Hindu Succession Act, 1956

• Gives wife rights only after the husband’s death, not during his lifetime.
• Wife becomes Class I heir u/s Schedule – Class I Heirs.

B. Hindu Minority and Guardianship Act, 1956

• Husband/father is natural guardian of minor children.
• Does not give wife a right in husband’s property.

C. Married Women’s Property Act, 1874

• Wife’s property remains exclusively hers.
• Husband’s self-acquired property remains exclusively his.

D. Domestic Violence Act, 2005

• Gives wife right of residence,
  but not ownership rights in husband’s self-earned property.

�� 3. Key Legal Distinction

�� 4. Important Supreme Court Judgments

1️⃣ Arunachala Gounder v. Ponnusamy (2022, SC)

Principle:
Self-acquired property is the absolute property of the owner.

“No family member has a right in self-acquired property of a living person.”

This applies to wife as well.

2️⃣ S.R. Batra v. Taruna Batra (2007, SC)

Topic: “Right to residence vs. ownership”

Held:

“Wife has a right to residence but no right to claim ownership in husband’s property.”

Even if the marriage is long, she cannot demand partition.

3️⃣ Neelam v. Ram Asarey (2014, SC)

Held:

“Maintenance does not create proprietary rights in husband’s property.”

Thus, maintenance ≠ share in property.

4️⃣ Shamim Ara v. State of U.P. (2002, SC)

Though related to maintenance, the Court clarified:

“Length of marriage does not create property rights.”

Even 25–30 years of marriage gives no automatic share.

5️⃣ Ramesh Verma v. Lajesh Saxena (2017, SC)

Held:

“Wife gets a share in husband’s property only after his death, if he dies intestate.”

Till then, the property remains exclusively the husband’s.

�� 5. When Can Wife Actually Get a Share? (Two Scenarios Only)

✔ 1. On the husband’s death (intestate succession)

She becomes Class I heir and shares property equally with:

• Children
• Mother of husband

✔ 2. If the property is converted into joint property

If husband:

• Makes wife co-owner
• Executes gift deed
• Adds name in sale deed

Only then she gets a legal share.

�� 6. Situations Where Women Often Get Confused

❌ “25 years of marriage → equal share”

Incorrect. Marriage duration does not create ownership rights.

❌ “Wife lives in husband’s house → shares”

Incorrect. Residence ≠ ownership.

❌ “Wife contributed to household → ownership rights”

Incorrect under Indian law, except in exceptional equity cases during divorce alimony.

�� 7. Practical Rights Available to a Wife

While she cannot claim a share, she can claim:

✔ Maintenance (Sec. 125 CrPC / HMA / Personal laws)

✔ Right to residence (DV Act, 2005)

✔ Protection from eviction

✔ Alimony on divorce (can be substantial)

✔ Share after husband’s death

But ownership in self-earned property during husband’s lifetime = NO.

�� 8. Conclusion (Exam/Interview + Advocate Answer)

A Hindu wife has no legal right to claim a share or partition in her husband’s self-acquired property during his lifetime, irrespective of the duration of marriage. She only has rights of maintenance, residence, and succession after his death. The Supreme Court consistently upholds this rule.