Justice Pratibha Rani of the Delhi High Court held that a son whether single or married is not lawfully entitled to forcefully reside, in his parents self made property without their free consent.
In the present case, a petition for eviction had been filed by the parents against their sons and their spouses on the grounds that the children had children had ill treated their parents and made their lives hell, and thus making the atmosphere not conducive for living together. Thus compelling the parents to take out notices in the public dated 5th January, 2007 & 17th May, 2012 cutting off all their ties with them and forbidding them to reside in their property.
The court observed that “Where the house is a self-acquired house of the parents, a 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.”
The son’s approached the High Court for setting aside the order of the district court that had ruled in favor of the parents. However, the high court held that there was ample proof that the contested property belonged to the parents and the children had failed to provide any proof of their claim as co-proprietors of the same.
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