Son has no right to reside in parent's house: Delhi HC

The Delhi High Court on 29 November 2016 held the son, irrespective of his marital status has no legal right to live in his parent’s house. Parent’s house means, the house self-acquired by the father/mother.

In its judgement, the court said the son can reside in there only at his parent's mercy up to the time the parents allow.

The judgment was pronounced Justice Pratibha Rani while dismissing an appeal by a man and his wife challenging the order of a trial court. The trial court asked the couple to vacant the first floor of his parent’s property in west Delhi.

The order had passed a decree in favour of his parents, who had filed a suit seeking a direction to their son and daughter-in-law to vacate the floors in their possession.

Highlights of the verdict

• It held that the son and his wife were allowed to stay at their parent’s home when their relations were cordial and it doesn’t mean that they have to bear his burden throughout their life.

• It held that in the case where the house is self-acquired, the son, married or unmarried, has no legal right to live there.

Case in the trial court

The two sons and daughter-in-laws of the parent, both senior citizens, filed their plea in the trial court denying allegations put on them by their parents. In their plea, they also claimed that they were the co-owners of the house, just because they had contributed towards the purchase and construction of the property.

Later, the trial court passed its direction in favour of the parents asking the two sons to vacant the home. Following the decree, one of the two sons along with his wife moved the high court.

Parent’s Allegation

The parents said to the trial court that their two sons and daughter-in-laws while living with them turned their life into a hell. Following the sufferings, they launched their complaints to the police and also issued public notices in 2007 and 2012 debarring them from their self-acquired property.