Introduction:
As parents age, it’s not uncommon for children, particularly after marriage, to raise questions about their rights to their parents’ property. These disputes can be distressing and difficult to navigate. So, what can be done to address these concerns legally? How can one protect their property and avoid such disputes? This blog delves into the legal aspects surrounding a son’s right over his father’s property.
To answer all of the queries, read the blog till the end to explore such a situation through the lens of a real case and its implications backed by a recent Landmark Judgement. If any more questions still exist, feel free to contact us at; https://thelegalshots.com/legal-opinion/
Sonia Fazal Khan and Ors v. Union of India and Ors, 2022
Brief Facts of the case:
In the case of Sonia Fazal Khan and Ors v. Union of India and Ors, the central character is Fazal Khan, a father who was suffering from dementia. His wife, Sonia Khan, was faced with the growing expenses of her husband’s medical care. She sought permission to access a bank savings account and a residential flat, which were the family’s assets. She intended to sell the flat to raise funds for her husband’s treatment.
However, complications arose when the son learned of her plans. He contended that he had an equal right to the property and insisted that his consent should be obtained before selling it.
Final Judgement:
The Mumbai High Court ruled on this matter, concluding that a son does not have a legal right to claim his parents’ property as his “shared household” as long as the parents are alive. This implies that unless the property in question is explicitly bequeathed to the son during the parents’ lifetime, he cannot stake a legal claim.
So, what can be done if you find yourself in a similar situation?
- You can start by sending a legal notice to your child or publishing a notice in a newspaper regarding their eviction from your property.
- If your child refuses to vacate the premises, you can file an eviction lawsuit in the civil court.
- The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can be a valuable resource, allowing parents to receive maintenance from their children in situations like this.
- For those who prefer a non-confrontational approach, you can register a will specifying the next property owner upon your passing. This can serve as legal solid evidence.
Conclusion:
In the eyes of the law, a son does not automatically have a right to his parents’ property. It’s a matter of the parent’s consent regarding how they wish to allocate their property. This blog has provided additional insights to help parents understand how to navigate such situations and take various legal actions to avoid conflicts related to property rights.
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