Son has no legal right on parents’ self-acquired house, says HC

New Delhi: The Delhi High Court has said that a son, whether married or unmarried, has no legal right to live in the self-acquired house of his parents, and can live in there only at the mercy of his parents.

Justice Pratibha Rani, passing order in favour of an elderly couple who want their son and his wife to vacate the floors in their possession, said: “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.”

The court dismissed an appeal filed by the son and daughter-in-law of the couple challenging the order passed by a trial court which passed a decree in favour of the parents.

The court said that while the son and his wife were unable to prove that they were the co-owners of the property, the parents have proved their case on the basis of documentary evidence i.e. copies of General Power of Attorney, agreement to sell, receipt possession letter, affidavit etc.

The old parents said that after their two sons and their wives made their life hell for them so much so that they were not even paying the electricity bills, they were constrained to make various police complaints and also issued public notice in 2007 and 2012 disowning their sons and debarring them from their self-acquired property.

After that, both the sons and daughters-in-law moved the trial court claiming co-ownership of the property. The trial court had passed the decree in favour of the old parents which led one of the sons and his wife to challenge the order in the high court.