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
son, son's right, parents house, son parental house, high court, delhi high court, son parents house Delhi High Court

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. R
    Rahul
    Jan 16, 2017 at 7:49 am
    I was searching for this topic since long, I’m thankful to you that you shared this information and made my work easier. This is truly an amazing piece of article, also you can check this one which is quite similar to this here :
    Reply
    1. S
      selman
      Mar 23, 2017 at 7:07 pm
      Is it applicable in all states ????
      Reply
      1. K
        Krishabh
        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
        Reply
        1. K
          KRISHNA
          Nov 30, 2016 at 7:36 am
          ARTICLE
          Reply
          1. G
            GuestReader
            Nov 30, 2016 at 12:30 pm
            Would it have made a difference if the sons and the daughters-in-law could prove,with receipts of paid bill, that they contrubuted to payment of building the house and for the sought maintenance? Could, please, someone respond to this quiry of mine? Thank you
            Reply
            1. S
              Sankaran Krishnan
              Nov 30, 2016 at 3:14 am
              Instead of exposing the family feud openly to the general public the court must have tried to convince both parties for a compromise and now they set an example to get the quotes of this Court Order to misuse the order by the Litigant Advocate's and now one can see more such cases are filed to get the Property changed and challenged in the court of Law across the Nation !!! Will it do good or bad will be known in the coming years.....
              Reply
              1. M
                Manoj Nigam
                Dec 1, 2016 at 9:28 am
                Son has no legal right in house owned by parents: Delhi High Courtlt;br/gt;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.lt;br/gt;Written by Aneesha Mathur | New Delhi | Published:November 30, 2016 5:11 amlt;br/gt; son, son's right, parents house, son parental house, high court, delhi high court, son parents house Delhi High Courtlt;br/gt;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.lt;br/gt;“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 24.2016
                Reply
                1. W
                  William
                  Nov 30, 2016 at 2:04 pm
                  Really after 18 get your out of the house .. Get a job and get a life .... This same mess is happening in the USA because parents have spoiled their children to the point of being unemployable and socially inept. We are raising children to be controlled not to be in control.
                  Reply
                  1. P
                    phani
                    Nov 30, 2016 at 7:03 am
                    At one point of view it is right that son has no right to stay in his parents house, but the problem comes when they need to rely on their old age, in that time no one will come forward to look after them and no one want to take the extra responsibility. so if they took out his son from house , who is the only option to look after them then what would be their next remaining days?
                    Reply
                    1. K
                      KGN
                      Dec 27, 2016 at 9:04 am
                      this should be applicable also for the daughters right?
                      Reply
                      1. S
                        Saumya Purkayastha
                        Nov 30, 2016 at 3:29 pm
                        No. It would not have made any difference. If the children have contributed to the building/purchase of the property, it would be considered as a gift unless they have a co-ownership of the house registered legally. If you think that it would have made any difference, why do you think the parents cannot claim everything his children has by showing bills of all the money he spent on his children since childhood including food, education, accommodation, health etc.?
                        Reply
                        1. D
                          Dr Trupti
                          Nov 30, 2016 at 6:50 pm
                          Rights come with responsibility. Children must be able to learn to give their parents love and regard, if this is absent parents have the freedom to make a ćhoice what to do. Just by the birth, children cannot be the legal heir to their parental propriety, but by their actions and behaviour. Whether it is a son or a daughter, the right is the parents what they do with their property. In india it's all about the son..he is the natural heir...this crasiness about the son being a benefactor must stop.
                          Reply
                          1. S
                            StupidSon
                            Dec 1, 2016 at 4:09 am
                            1) Generalising a family issue and ping a decree is a wrong decision. lt;br/gt;2) If the juctice really want a change then the order should only be used on upcoming generation i.e after 16yrs from now on where both parent and son is well prepared about their future.lt;br/gt;3) the juctice should stop comparing the western nuclear family style and destroying our own united family style where there is love and care from both parent and son....and if there is anything for the court to do in family issues ultimately it should be to unite them or bind them and not to break them apart!!!!lt;br/gt;4) There are Toxic parents too....how will the court do juctice to innocent sons/ daughter in law ????
                            Reply
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