Lawstreet Journal

Son-in-Law Has no Legal Right in Father-In-Law's Property: Kerala High Court [READ JUDGEMENT]

Lawstreet Journal 5 Oct 2021 9:13pm

Image courtesy: Lawstreet Journal Judiciary Son-in-Law Has no Legal Right in Father-In-Law's Property: Kerala High Court [READ JUDGEMENT]

The Kerala High Court recently ruled that a son-in-law has no legal right to his father-in-property law's and building, even if he paid for its construction.

While dismissing a second appeal with costs, Justice N. Anil Kumar stated:

"When the plaintiff has possession of the property, the defendant, son in law, cannot claim that he was adopted as a member of the family following the marriage of the plaintiff's daughter and has a right to it... The presence of a son-in-law in the plaint schedule building is only permissive. As a result, even if he paid for the building's construction, the son-in-law has no legal claim to his father-in-property law's and building."

Factual Background:

 The plaintiff (respondent herein) filed an original suit in the trial court seeking a permanent injunction prohibiting the defendant (his son-in-law) from trespassing into the plaint schedule property or interfering with the plaintiff's peaceful possession and enjoyment of the said property, which belongs to the plaintiff by virtue of a gift deed.

The plaintiff's wife and daughter had also sought a restraining order against the defendant. Despite the fact that the cases were settled, the defendant's behaviour became intolerable, prompting the plaintiff to seek a permanent prohibitory injunction preventing his entry.

It was argued that the defendant has no legal claim to the property.

The defendant (appellant herein) contended that he had married the plaintiff's only daughter and thus had been practically adopted as a member of the family following the marriage. On these grounds, he… Continue Reading...


Tagged: kerala high court   Senior Citizens  
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