No legal right to stay in parents’ self-acquired property : HC Orders For Son


NEW DELHI: A grown-up child has no lawful ideal to remain in his folks’ self-obtained property, the Delhi high court has ruled while maintaining the desires of an elderly couple who needed their child and little girl in-lawevicted from their home.

Equity Pratibha Rani said a man can dwell in his parent’s home just at their “leniency”. The court indicated that since guardians had permitted the child to live in their home when their relations were genial did not mean they needed to hold up under his “weight” for the duration of his life.

“Where the house is self-acquired by the parents, the son, whether married or unmarried, has no legal right to live there. He can live only at the mercy of his parents up to the time they allow it,” said the order. The case had come to the high court after the son challenged the order of a trial court in favour of the parents.

The guardians, both senior nationals, had told the lower court that both their children and girls inlaw, who were living with them on the first and second floors separately, had made their “life damnation”. The couple had documented police dissensions against them and issued open notification in 2007 and 2012 repudiating the youngsters.

“Merely because the parents have allowed him to live in the house so long as his relations with them were cordial does not mean that they have to bear his burden throughout his life,” the court observed in its ruling earlier this month.

The children had discredited the affirmations and asserted that they were coowners of the property as they had contributed towards its buy and development. In any case, the children neglected to create evidence that they put resources into the guardians’ property.

In the request, Justice Rani noticed that the children were not able demonstrate that they were co-proprietors of the property , while the guardians created the pertinent papers, for example, the general force of lawyer , consent to offer, ownership letter, testimony, and so on.