Madras High Court Refuses to Entertain Plea Challenging Handing Over of Sceptre to Widow  ||  Mad. HC: Merely Smelling Alcohol in Breath Not Sufficient Ground to Attribute Contributory Negligence  ||  Del. HC: Central Govt.’s Circular Banning Sale and Breeding of 'Dangerous & Ferocious Dogs' Quashed  ||  Calcutta High Court: Notice Preventing Forest Dwellers from Entering Forest Lands Set Aside  ||  Del. HC: Proceed. Under SARFAESI Act and RDDB Act Can Continue Parallelly as They are Complimentary  ||  Ori. HC: Proper Infrastructure and Manpower Must be Provided by State to Forensic Labs  ||  Bom. HC: Trampoline Park in Lonavla Restrained from Using Trademark or Character of Mr. Bean  ||  Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC  ||  Mad. HC: Basic Structure of Consti. & Democracy Demolishes When Electors Gratified During Election  ||  Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks    

Sachin & Anr. v. Jhabbu Lal & Anr. - (High Court of Delhi) (24 Nov 2016)

Son, whether married or unmarried, has no legal right to live on self acquired house of parents

MANU/DE/3221/2016

Family

Regular Second Appeal impugns concurrent judgment of Court below whereby civil suit filed by parents of Appellants (respondent Nos.1 & 2) against their two sons and their wives seeking decree of permanent and mandatory injunction has been decreed. Parents of Appellant No.1 claimed themselves to be owner of the suit property which was self acquired. It was further pleaded by parents of Appellants that their sons as well their wives made the life hell for them so much so that they were not even paying the electricity bills. The old parents were constrained to make various complaints to the police and also issued public notice disowning their sons and debarring them from their self acquired property. It was also pleaded that said property was purchased by them by selling their earlier property. Since, behaviour of two sons and their wives became unbearable, they filed a suit seeking a decree of mandatory injunction directing them to vacate floors in their possession and also to restrain them from creating any third party interest in the said property.

Appellant No.1 is younger son of Respondent No.1/plaintiff No.1 who has led detailed evidence both oral and documentary duly corroborated by testimony of his wife, respondent No.2/plaintiff No.2 to prove their case. Respondent Nos.1 and 2/plaintiffs may not have proved themselves to the owner of suit property as may be established in a case of acquiring title under a registered sale deed but surely they would have better rights/entitlement to seek possession of suit property from his sons who were permitted to live on first floor only out of love and affection towards them.

Where house is self acquired house of parents, son whether married or unmarried, has no legal right to live in that house and he can live in that house only at mercy of his parents upto the time the parents allow. Merely because parents have allowed him to live in house so long as his relations with parents were cordial, does not mean that, parents have to bear his burden throughout his life.

In present case, Appellants/defendant Nos.3 & 4 have led no evidence to prove that it waived self acquired or co-ownership in suit property whereas Respondents/plaintiffs No.1 & 2 have proved their case on basis of documentary evidence i.e. copies of General Power of Attorney, Agreement to Sell, Receipt possession letter Affidavit etc., trial Court was justified in decreeing suit which was upheld by First Appellate Court.

Tags : PROPERTY   RIGHT   EVIDENCE  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved