Son has no legal right in parents’ house, can stay at their mercy: Delhi High Court

"Merely because the parents have allowed him to live in the house so long as his relations with the parents were cordial does not mean that the parents have to bear his burden throughout his life," the court said.

By: PTI | New Delhi | Updated: November 29, 2016 7:48 pm
Son parents house, Son parental house, High Court Son parents house The Delhi High Court said this while dismissing an appeal by a man and his wife challenging the order of a trial court which had passed a decree in favour of his parents, who had filed a suit seeking a direction to their son and daughter-in-law to vacate the floors in their possession.

A son, irrespective of his marital status, has no legal right to live in the self-acquired house of his parents and can reside there only at their “mercy”, the Delhi High Court has said. The court also said that only because parents have allowed the son to live in their house as long as their relations are cordial does not mean they have to bear his “burden” throughout his life. “Where the house is self-acquired house of the parents, son whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow,” Justice Pratibha Rani said in an order. “Merely because the parents have allowed him to live in the house so long as his relations with the parents were cordial does not mean that the parents have to bear his burden throughout his life,” the court said.

It said this while dismissing an appeal by a man and his wife challenging the order of a trial court which had passed a decree in favour of his parents, who had filed a suit seeking a direction to their son and daughter-in-law to vacate the floors in their possession. The parents, both senior citizens, had told the lower court that both their sons and daughters-in-law, who were living with them, have made their “life hell” after which they had given complaints to the police and also issued public notices in 2007 and 2012 debarring them from their self-acquired property.

Both the sons and daughters-in-law had contested the suit before the trial court while denying the allegations. They had also claimed that they were the co-owners of the property as they had contributed towards its purchase and construction. However, the trial court had passed the decree in favour of the parents after which one of the sons, along with his wife, had moved the high court. In the order, Justice Rani noted that the son and his wife were unable to prove that they were the co-owners of the property, while his parents have established their contention on the basis of documentary evidence.

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  1. M
    MyTake
    Nov 29, 2016 at 10:12 pm
    Good ruling to bring everyone on equal footing son or daughter!
    Reply
    1. A
      Abhilash Nair
      Nov 29, 2016 at 6:30 pm
      1st paragraph of this article repeats one statement 5 times. What the author was trying to do? Fill up pages in an exam answer sheet. Please be concise and to the point.
      Reply
      1. A
        Anurag Srivastava
        Nov 29, 2016 at 12:38 pm
        Marriage is not only a relation between two individuals rather relation between two families. If the children don't understand their duties, then the parents have full right to turn them out.
        Reply
        1. S
          sb
          Nov 29, 2016 at 1:52 pm
          Its a Good Judgement.lt;br/gt;Son and his wife should get to do their own, be independent and look after their individual parents. If they dont get along well they should live seperately.lt;br/gt;Any transfer of property should be only after both Parents are no more and when they are happy with their childrens conduct. lt;br/gt;Looking after parents from either spouses is a moral obligation for every married couple.
          Reply
          1. S
            sb
            Nov 29, 2016 at 1:54 pm
            Its important to have laws which protects senior citizens.
            Reply
            1. K
              Kaliyug
              Nov 29, 2016 at 6:22 pm
              The greed to steal from the parents is the new low in this highly greedy economy. Suddenly the hard working parents are being denied the right to live in their own homes by children and their spouses. Thanks to the courts there is some relief for the parents, they should just write their wills and give the property to those kids who have no parents.
              Reply
              1. A
                Annu Chopra
                Nov 29, 2016 at 2:18 pm
                yamuna nagar courts just don't care and following their own set of laws driven by greed and corruption. CJI must investigate erroneous judgments given by lower and session court of yamuna nagar
                Reply
                1. S
                  ss
                  Nov 29, 2016 at 12:26 pm
                  Great Decision,lt;br/gt; We indians put a great financial strain and responsibility on our parents . It should be like the West . The sons and daughters should finance their own education by working part time and taking students loan . It is not the duty of parents to spend lakhs of rupees for daughters marriage . Also all parents should will 50% of their wealth to charity and 50% to kids(if at all) .
                  Reply
                  1. S
                    ss
                    Nov 29, 2016 at 2:06 pm
                    no male is not responsible. nature is responsible. gender selection happens through dad but did the dad chose it . how is he responsible ?
                    Reply
                    1. S
                      Sriniwasan
                      Nov 29, 2016 at 2:02 pm
                      There is an age old saying A Son is a Son only till the time of his marriage and after marriage be belongs to his Wife,where as a Daughter will be a Daughter all throughout the life of the Parents.lt;br/gt;So follow PM Mody message : Beti Bachao Beti Padao
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                      1. R
                        Ramakrishnan Kinattukara
                        Nov 29, 2016 at 5:55 pm
                        Shruti says 'Mathru devo bhava' and 'pitru devo bhava'. These are the trancendental principles which will sustain human species. If children keep on misbehaving with parents there will be less and less motivation in begetting children and nurturing them.
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                        1. L
                          Lalit Mohan
                          Nov 29, 2016 at 1:38 pm
                          Thanx to democracy else we had to respect somebody like Aurangzeb under sharia law.
                          Reply
                          1. M
                            Mithu
                            Nov 29, 2016 at 11:12 pm
                            My father until his death loved at his two sons' mercy, deprived of basic human needs and dignity. My father left no will to transfer his ets that includes a house in Delhi in their names. They not only illegally sold the house but absconded without giving the legitimate share to my youngest brother who is physically and mentally challenged and even to me as his daughter. Only God's justice can heal the wounds they gave us.
                            Reply
                            1. K
                              krishna
                              Nov 29, 2016 at 1:39 pm
                              It is an excellent verdict. Just excellent...
                              Reply
                              1. N
                                nagaraj
                                Nov 29, 2016 at 1:42 pm
                                very very good judgement. my son and his wife come to my house and they told they give rent justs 2000(now in our area rent is not less than 15,000} but they not paid even a single rupee. my younger son paying corporation and electricity , water bill completely.and also looking me and his mother.diabetice with medical expenses.
                                Reply
                                1. S
                                  Sandeep
                                  Nov 30, 2016 at 1:40 am
                                  One of the best judgement ever! Pity it came so late.. As many senior citizen now live in old age homes. lt;br/gt;NGO's must make those who still wish to go back aware of the rights and Courts must help
                                  Reply
                                  1. A
                                    A.s. Malhotra
                                    Nov 29, 2016 at 2:59 pm
                                    It is welcome judgement by Hon'ble High Courts in the favour of parents who are helpless and innocent senior citizen. It will definitely help lot of relief to parents who are ill treated, harrased and humiliated by their sons and their wives over property disputes, which is owned as "Self Acquired Property" by the parents. Hopefully, this judgement will also bring more cordial and respectful relations in the families. Further, it is also foremost duties of the parents to accommodate their sons and his family members for pursuits harmonious relations in current inflation scenario.
                                    Reply
                                    1. V
                                      Varad Kamini
                                      Dec 11, 2016 at 8:31 am
                                      Applaudable judgement! In our society sons believe that it is their birth right over parent's property. Worse still senior parents end up living at their son’s mercy despite being the rightful owners.lt;br/gt;lt;br/gt;Being a son is not a ticket to free haven. Earn your living and make your parents proud, don’t just live off their money!! Respect them and don’t take them for granted. lt;br/gt;lt;br/gt;Also, as per law, daughters have equal right over parent’s property, which is rarely given to them respectfully. Time to bring about change! If we won’t fight for it or do it ourselves, it will never change. Let’s stop gender discrimination at our homes. Government has done its bit, now is the time for us to do our bit!
                                      Reply
                                      1. V
                                        Vidyasagar Gamare
                                        Nov 29, 2016 at 12:10 pm
                                        Bravo to the parents.... This decision of going against our own son is not easy.. Now a days everyone is taking their parents granted.. They dont have to time speak with them as they dont give that much importance to their parents but when it comes to money property they will ask for their right. They easily forget that Right comes to you when you first perform your duties. We all must love and take care of our parents as it is a duty of every son along with his wife and daughter along with her husband. God bless you parents.
                                        Reply
                                        1. C
                                          Citizen
                                          Nov 29, 2016 at 1:45 pm
                                          Good one in a country parents ditch daughters' in law if they fail to give birth to a son is really a trend setter. Let people understand that sons are responsible to decide the gender of the child. Jaihind
                                          Reply
                                          1. C
                                            Citizen
                                            Nov 29, 2016 at 3:39 pm
                                            If you think you are right no one can help go to any genetics guy/scientist they will help enlighten you on this subject. Jaihind
                                            Reply
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