Son Cannot Claim Rights on Property While Parents Are Alive: Bombay High Court
The Bombay High Court ruled that a son has no right, title, or interest in his parents’ property as long as they are alive. This decision came during a hearing on a petition filed by Sonia Khan, who sought to be declared the legal guardian of her husband’s properties. Her husband has been in a vegetative state for an extended period.
Justices Gautam Patel and Madhav Jamdar noted that there was no evidence showing the son had ever cared for his parents, and he lived elsewhere. The court found his claims to be unfounded and illogical. According to succession laws, a son cannot claim rights to his parents’ property while they are still alive.
Khan’s application claimed his mother had an ‘alternative remedy,’ but the bench rejected this, stating, “Asif has no rights in his father’s flats. He has nothing to show that he has ever cared for his father. We reject his contention that his mother has an ‘alternate remedy.’ His Interim Application is dismissed.”
Regarding the wife’s application for guardianship, the court noted that there is no specific provision for guardianship of a disabled person. However, the bench decided to treat the case similarly to that of a minor with a share in immovable property. This meant that the husband was under the court’s care and supervision.
The court allowed the wife to operate a joint bank account and begin the process of selling the properties to fund her husband’s treatment. Before finalizing any sale, she must submit a separate application with details for the court’s approval.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
