The Bombay High Court held that the surviving son of the parents has no right over their house. During the hearing of a case, the court said that it is up to the parents to sell or keep the flat.
A division bench of Justice Gautam Patel and Justice Madhav Jamdar rejected the son’s demand that his mother be stopped from selling the flat. Actually the father of the petitioner is in coma for many years and is admitted in the hospital. Lakhs of rupees are spent on their treatment. For these expenses, the mother wants to sell her house, which her son does not agree with. Against this decision of the mother, the son went to the High Court.
Mother Sonia Khan has filed a petition in the High Court demanding that she be declared the legal guardian of all the properties owned by her husband. During the hearing, his son Asif Khan had sought his intervention by claiming to be the de facto guardian of his father for several years.
A bench of Justice Gautam Patel and Justice Madhav Jamdar found the son’s demand to be baseless and illogical. The Court argued that under the succession laws for any community, there is no provision for a son to claim a right or title over the property of the parent until the parent is alive.
The Court said- “In any concept of succession law for any community or religion, Asif (son) cannot have any right in any of these flats”.
During the hearing of the case, the court said that the son’s demand is ridiculous. The court said- “Asif has no right in his father’s flats. She has nothing to show that she ever cared for her father. We reject his argument that his mother has ‘alternative solutions’. This submission only shows us the true nature of Asif, his totally heartless and greedy attitude. His interim application is dismissed.”