'No Property Rights For Divorced Daughters,' Says Delhi HC

The Delhi High Court has observed that an unmarried or widowed daughter has the right to claim a share in the estate of her deceased father. However the same doesn’t apply to a divorced daughter, as she is not dependent and entitled to maintenance.

A two-judge bench consisting of Justice Suresh Kumar Kait and Neena Bansal Krishna gave this verdict while dismissing a plea filed by a divorced woman challenging a family court order that rejected her claim of maintenance from her mother and brother.

Delhi High Court's Decision

The Delhi HC mentioned that the claim for maintenance has been made under Section 21 of the Hindu Adoptions and Maintenance Act (HAMA), which provides for dependents who may claim maintenance. The court listed nine categories of relations in which a divorced daughter does not figure.

Elaborating on the case, the woman’s father died in 1999, leaving behind four heirs; his wife, son, and two daughters. The woman claimed that she was not given any share despite being one of the heirs. She argued that her mother and brother agreed to pay Rs. 45,000 every month as maintenance after she assured them that she would not claim a share of the property. She added that she was only given maintenance regularly until November 2014 and not after that.

The woman said that her husband had deserted her, and divorce was granted by the ex-parte in September 2001. She mentioned that her family did not even take into consideration that she didn’t receive any alimony or maintenance from her husband. She also submitted that her husband was untraceable, and she couldn’t seek any financial support from him.

The court, in its order, while quashing her plea, noted that however difficult the situation is, she is not dependent under the HAMA Act and thus is not entitled to claim maintenance from her mother and brother.

It also upheld the family court’s ruling that observed that the woman had already received her share from the estate earlier and that, having received the same, she cannot again raise a claim of maintenance afresh from her mother and brother.

According to the woman’s mother, she had already made arrangements to provide the residence to her daughter. The court also added that it cannot overlook that the woman’s brother and mother have also supported her by voluntarily giving her Rs 45,000 per month until 2014.

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