Son Has No Property Rights While Parents Are Alive, Rules Bombay High Court
The Bombay High Court recently ruled that a son cannot claim ownership or rights over his parents’ property while they are alive. The judgment was given while hearing a case related to the guardianship of a man in a vegetative state.
The case was filed by Sonia Khan, the wife of the man, who requested the court to declare her as the legal guardian of all his properties for managing his care and expenses.
A bench of Justices Gautam Patel and Madhav Jamdar noted that the son, Asif Khan, had neither taken care of his parents nor provided any documents to show involvement in their lives. The judges found his claim to be “illogical and without merit.”
The court stated clearly that succession laws in India—irrespective of religion or community—do not grant sons any legal rights over parental property until the parents pass away.
Rejecting the son’s interim application, the court said:
“Asif has no rights in his father’s flats. His argument that his mother has an ‘alternative remedy’ only shows his greedy and uncaring mindset. His petition is dismissed.”
Meanwhile, the bench accepted Sonia Khan’s request to act as her husband’s guardian, noting that there is no specific legal provision for guardianship of a person in a vegetative state. Still, the court chose to treat the situation similarly to a minor holding property, placing the husband’s care under court supervision.
The court allowed Sonia to operate their joint bank account and said she may begin the process of selling property to fund her husband’s medical treatment. However, any sale must be approved by the court after she submits a separate application with full details of the sale agreement.
Case Summary:
Sonia Khan vs. Asif Khan & Ors. – Bombay High Court
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