Al those who feel that a son has the rights to claim his parent's property, we have an important piece of news for you. In a landmark order, the Delhi High Court has said that a son, irrespective of his marital status, legally has no rights to live in the same house as his parents and can stay there only at their mercy.
The court also maintained that just because the parents allowed their son to stay with them, it does not mean that they have to bear his "burden" throughout life.
Son has no legal rights to live in the house owned by his parents
"Where the house is self-acquired by 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," Justice Pratibha Rani said in an order.
"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 added.
The order came after a couple filed an appeal challenging the order of a trial court, which had passed a decree in favour of the man's parents. The parents had asked their son and daughter-in-law to vacate the floors of their house they have claimed to be theirs.
The parents, both senior citizens, had also mentioned in their appeal that in spite of living with them their sons and daughters-in-law made their life hell. They had also filed complaints at the police station and public notices were issued against them in 2007 and 2012 debarring them from their self-acquired property.
The son had contested the suit and had denied all allegations and said that they were the co-owners of the property as they had contributed towards its purchase and construction. The trial court did not pay heed to their requests and passed the decree in favour of the parents, which is why one of the sons had challenged the decree in the High Court.
But in the HC order the son and his wife were not able to prove that they were the owners of the property.
Survey says Indian parents prefer to live with sons
The Delhi High Court order is indeed surprising as traditionally Indian parents prefer to live in with their sons and not daughters. This was what was revealed in an India Human Development Survey (IHDS), which was recently conducted jointly by researchers from University of Maryland and National Council of Applied Economic Research, New Delhi.
The study found that the main reason Indian parents preferred a son over a daughter is that they can depend on them in their old age.
- About 77 percent of the respondents said they expect to live with their sons when they are old
- Only 16 percent Indians said they would consider living with their daughters
- About 72 percent parents in (highest percentage of parents) prefer to live with daughters in their old age
- About 17 percent parents in Tamil Nadu preferred to stay with daughters
One of the major reasons for parents to avoid living with daughters is the perception that they can't ask them for money, it was found.
Also Read: Supreme Court: Daughters-in-law should be treated as family and not housemaids
If you have any insights, questions or comments regarding the article, please share them in our Comment box below. Like us on Facebook and follow us on Google+ and Twitter to stay up-to-date on the latest from theIndusparent.com
