Lifestyle

Son-in-law has no right in his father-in-law’s property: Kerala HC

[ecis2016.org] A son-in-law has no right in his father-in-law’s property, even if the son-law has made monetary contributions for the construction of the said property, the Kerala HC has said

A son-in-law has no right in a property belonging to his father-in-law, even if the former has made contributions for the construction work of the said property, the Kerala High Court has ruled. Giving its verdict in a case where the son-in-law made claims to his father-in-law’s property, the HC also clarified that the husband of a man’s daughter can stay in his house, only for as long as he has the permission of the man.

You are reading: Son-in-law has no right in his father-in-law’s property: Kerala HC

In the case, Davis Raphel of Taliparamba, Kannur, who was living in his father-in-law Hendry Thomas’s property, had claimed that since he had married the only daughter of the family, he had been adopted as a member of the family and thus, enjoyed a right in the property.

Read also : Affordable homes supply increases 27% in January-September 2017: CREDAI-MCHI

[ecis2016.org] Who is an heir and what is inheritance?

In a suit filed before a trial court, Thomas claimed permanent injunction, interdicting Davis from trespassing into his property or interfering with the peaceful possession and enjoyment of the property, which he acquired through a gift deed made by Father James Nasrath on behalf of the St Paul’s Church, Thrichambaram. Claiming a right into the property, Raphel argued that the gift deed conferred the ownership right to the family, of which he was a member and thus, a right-holder. After the trial court ruled in favour of the father-in-law, Raphel moved the HC.

“When the father-in-law is in possession of the property, the in law cannot plead that he had been adopted as a member of the family, subsequent to the marriage with his daughter and has right in the property. Residence of the son-in-law is permissive in nature. (The) son-in-law cannot have any legal right to his father-in-law’s property and building, even if he has spent an amount on the construction of the building,” the court observed.

Read also : Was land allotted to Patanjali for food park: HC asks Noida Authority

“It is rather shameful for the son-in-law to plead that he had been adopted as a member of the family, subsequent to the marriage with Hendry’s daughter,” the HC said in its order, while dismissing Raphel’s plea.

[ecis2016.org] Role of Karta in a Hindu Undivided family

Source: https://ecis2016.org/.
Copyright belongs to: ecis2016.org

Source: https://ecis2016.org
Category: Lifestyle

Debora Berti

Università degli Studi di Firenze, IT

Leave a Reply

Your email address will not be published.

Back to top button