[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.
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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.
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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.
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“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.
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