In a significant ruling, the Bombay High Court stated that a son has no right, title, or interest in his parents’ property as long as they are alive. The decision was made while hearing a petition filed by Sonia Khan, who sought to be declared the legal guardian of the properties owned by her husband, who has been in a vegetative state for a long time.
Case Background
The court heard the petition from Sonia Khan, who argued that she should be granted guardianship over her husband’s properties. However, her husband’s son, Asif Khan, objected, seeking a claim on the properties. The court found that Asif had never shown any care for his father and had even lived separately from him. The bench, comprising Justices Gautam Patel and Madhav Jamdar, found Asif’s arguments “ill-founded and illogical.”
Court’s Ruling
The court explained that under succession law, there is no provision for a son to claim rights over a parent’s property while they are still alive. The bench rejected Asif’s application, criticizing his “avaricious” attitude and lack of compassion for his father. The court also dismissed his claim that his mother had an “alternate remedy.”
Guardianship and Property Sale
The bench also addressed the issue of guardianship for Sonia Khan’s husband, who is incapacitated. Since there is no specific provision for guardianship of a disabled person, the court treated the case similarly to that of a minor holding property. The wife was granted permission to manage her husband’s bank accounts and start the process of selling the properties to fund his treatment. However, she was required to submit the sale details to the court for approval before finalizing the transactions.
This ruling clarifies the legal rights of family members regarding property ownership and guardianship while a person is alive, reinforcing that rights to a parent’s property can only be claimed after their passing.
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