Son has no legal right over parents house, says Delhi HC

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Delhi HC in its landmark judgement has ruled that a son has no legal claim over the house owned by his parents, and can “live there only at their mercy”.

 “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 upto the time the parents allow”, held Justice Pratibha Rani in a judgement issued on November 24.

The ruling came in the wake of an appeal filed by a man seeking legal backing after a trail court decree ordered him to vacate his parents property.

Nangloi resident, Sachin, the younger of the two sons who had filed written statements denying the sole ownership of the parents over their house, had challenged the lower court’s verdict in High court.

The trial court’s ruling was in the favour of the parents who had sought court’s intervention in what they termed as cruelty by their sons as well their wives.

The parents, at the time of their pleading, alleged that their sons, who were living with their respective families on the first and second floor of the said property “made the life hell” and “didn’t even pay the electricity bill.”

The parents, both of whom are senior citizens, were forced to file police complaints against their sons and even tried to disown them in a bid to secure their property in 2007 and 2011.

Their son however, maintained that they had equal claim on the property as they had made significant contribution towards the purchase as well as its maintenance.

Dismissing the plea on the grounds of lack of evidence concerning their sons assertion to co-ownership, the Delhi HC bench uphold trial court’s decision and held, “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 life.”





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