With the changing times, people are becoming more and more self-centered in life. There are so many children who want to acquire their parents’ property at any cost, even by giving their parents emotional and mental trauma.
A father or mother’s self-acquired property is their own. Their son or daughter does not have any right over it. It totally depends upon their choice whether they want to transfer it to their children or not. If the parents please then only the children can acquire it. It would be considered as a gift only.
Judgment of Bombay High Court
Sonia Fazal Khan & Ors. Vs. Union of India
The court observed that most of the times children try to acquire the property of their parents when they attain old age or when the parents stop working. After acquiring the property of their parents, they tend to evict them from their own house or start ill-treating them.
Facts of the case:
In the case of Sonia Fazal khan, the husband of Sonia i.e. Fazal khan was suffering from Dementia, and because of the high expenses of the disease, the financial condition of the house was not that well. Their son was living in a separate house. Sonia wanted to sell the other property of her husband so that she could get some money in exchange. She filed an application for getting permission from the court.
By the time she filed the application in the Bombay high court her son also filed an application saying that he also has a right over that property of his father. Also mentions that NOC must be taken for any transaction, or else he should get his share of the property.
In the Judgement, the Bombay High Court took a strict stance and rejected his application and said that he has no legal right to claim his parents’ property as his shared household as long as they are alive.
In this case, the Bombay High Court observed one more thing the daughter-in-law of Sonia Fazal lodged a case of domestic violence against them so that it can help them in creating pressure in the case. Bombay High Court said that there are many false cases, which are taking place these days and the court can understand it by looking at the cases only.
So the judgment given in this case further clarified that the son does not have any right over the parent’s property.
Following solutions if you face the same issue:
- Send a legal notice to your children
- You can also write a small column in a newspaper that you are taking all rights from your son on your property.
- If the son is still not leaving your house, then you can file an Eviction Lawsuit.
- If your son is not leaving your property then, you can also use the police force for the same.
- You can also use the Maintenance and Welfare of Parents and Senior Citizens Act, of 2007. According to this act the son has to provide their parents with a particular amount of Maintenance.
Still, have any legal doubt, contact the Legal Experts of AapkaConsultant.com
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https://www.aapkaconsultant.com/legal-opinion-legal-shots
