Lawstreet Journal

“The fact that he is their son does not make either of their flats a shared household” – Bombay High Court

Lawstreet Journal 24 Mar 2022 4:49am

Image courtesy: Lawstreet Journal Judiciary “The fact that he is their son does not make either of their flats a shared household” – Bombay High Court

The Bombay High Court has observed in a recent case that a son doesn't have any right, title or settled and enforceable share in his parent's flats till they are alive. 

The Bench in doing so rejected the son's intervention application, in the present case, in his mother's petition to be appointed as her husband's guardian for him and property. 

The Bench comprising of Justices Gautam Patel and Madhav Jamdar rejected the son's suggestion that he has a settled and enforceable share in either of the flats in the lifetime of the real owners, his parents. 

The Bench opined that the suggestion of the son to assume such a right during the lifetime of his parents was hilarious. 

The subjected property was a bank account with 'Saraswat Bank,' and the father's flat in Marol, Andheri. The son, living elsewhere, sought to intervene and oppose his mother's plea claiming to be the father's "de-facto" guardian for many years.

He has no rights in his father's flats and he has nothing to show that he has ever cared for his father” the Bench observed adding that the mother and married sister had furnished number of documents  to show the mother had been bearing the father's medical expenses.

"The fact that he is their son does not make either of their flats 'a shared household", the Bench said.

The son further claimed that although his parents were alive, the two flats owned by his parents were "a shared household" and therefore he,… Continue Reading...


Tagged: Bombay High Court  
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