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
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