Son has no legal right in house owned by parents: Delhi High Court

The order was issued on a plea filed by Nangloi resident Sachin, who had challenged the decree by a trial court, which had directed him to vacate the property owned by his parent.

Written by Aneesha Mathur | New Delhi | Published: November 30, 2016 5:11 am
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Reaffirming that sons do not have any legal rights over the self-acquired property of parents, the Delhi High Court has dismissed a plea filed by a man who had approached the court to be allowed to stay in his parents’ house.

“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,” held the bench of Justice Pratibha Rani in a judgment issued on November 24.

The order was issued on a plea filed by Nangloi resident Sachin, who had challenged the decree by a trial court, which had directed him to vacate the property owned by his parents.

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“Where the house is the self-acquired house of the parents, the 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,” the bench held.

The legal dispute between the parents, who are both senior citizens, and their two sons had started in 2014 when the parents approached a civil court alleging that the two sons had “made their life hell” and were occupying two floors of the house owned by them.

The parents had also said that the sons and their wives did not help with household expenses, and had refused to pay even electricity bills.

Further, they had alleged that they were being treated cruelly by the sons. The parents had also attempted to disown both sons in 2007 and 2012 after filing police complaints against them and their wives.

During the course of the litigation, the parents had sought mediation with the sons, and had sought maintenance from them.

However, the mediation was found to be a “non-starter” after Sachin refused to pay maintenance. The other son had not challenged the trial court order.

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  1. Vandana Parakal
    Jan 23, 2018 at 1:22 am
    The judgement by justice prathiba rani is very correct. I want to know if husband dies making his wife nominee of the property. They have three children. one son lives inthe same house . the son his wife and children. The son and his wife troubled and harasses the mother to part with the property saying that they are also heirs and has share to the property.The son has his own house given on rent. unnecessarily staying with mother and troubling get. Throwing her out of her bedroom which she shared with her husband.The son had also once tajen a big stick and aimed to beat her on the head. married but separated daughter also lives with her. The daughter is her support . even she is harrassed by her brother and wife. Continuous mental torture is experienced by both mother and daughter. Unable to do any thing because financially mother and daughter are very very poor survives with monthly income of 15k brought home by daughter as a teacher. Please advice very poor condition.
    1. Radhe Gupta
      Jul 12, 2017 at 10:19 pm
      1. R
        Jan 16, 2017 at 7:49 am
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        1. S
          Mar 23, 2017 at 7:07 pm
          Is it applicable in all states ????
          1. K
            Dec 6, 2016 at 5:27 pm
            Maa k naam pr ghar ho or maa khatam ho chuki ho orpita ne dusri shadi kr li ho to ghar kiske naam hoga pita ka ya hamari maa jo ki khatam ho chuki h or hm unke bachhe h to kiske naam pr jayega ghar
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