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Delhi HC says son has no legal right to stay in parents’s house

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 said
Delhi High Court

The Delhi High court on Tuesday said that a son does not have a legal right to live in his parents’ house, but can reside there only at their “mercy”.

The court made this direction after dismissing an appeal by a man and his wife challenging a trial court order in favour of his parents’ petition seeking a court order for their son and daughters-in-law to vacate the house in their possession, PTI reported.

The court said: “Where the house is self-acquired house of the parents, son whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow.”

“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,” Justice Pratibha Rani added.

Filing a suit with the lower court, the parents had told the lower court that both their sons and daughters-in-law have made their “life hell.” The parents had given complaints to the police and also issued public notices in 2007 and 2012 debarring them from their property.

Contesting the suit, the son and his wife denied the allegations and also claimed that they were the co-owners of the property since they contributed money to purchase and construct it. However, the trial court had passed the decree in favour of the parents.

In the latest order, the court said that the son and his wife were unable to prove their claims, but his parents have established their contention with the help of documentary evidence.

In another significant order, the Bombay High Court recently ruled that a wife doesn’t have to provide medical evidence of husband’s assault to prove allegations against him.

“Most of the time acts of cruelty take place in closed room or bedroom of the couple where neither the parents nor children are privy to what happens inside the four walls of the bedroom, the court said weeks back.

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