Son claims share in mother’s house, cites Rs 2.1L given; couple ordered to vacate
The case involved a son who continued living in his mother's house after his marriage despite having no independent title over the property. His mother, meanwhile, relied on a General Power of Attorney (GPA), an Agreement to Sale and a Will as documents establishing her ownership of the house.
In a recent Delhi High Court ruling, a son and his wife were directed to vacate their parents' home after the court ruled that the son had no automatic right to co-ownership simply by living in the property. The case involved a mother who had purchased the house in 1996 using her late husband's savings, all while maintaining exclusive ownership as per her Will, General Power of Attorney (GPA) and Agreement to Sale documents.
The son, who had moved in with his parents after his marriage, claimed that his contributions to the construction and household expenses warranted a share in the property. However, the court dismissed these claims, stating that mere financial contributions or expense payments did not automatically confer co-ownership. The son failed to provide evidence of his actual monetary contributions to the purchase or construction of the house.
Moreover, the court examined the son's attempt to forge documents to transfer the property in his name for Rs 1.5 lakh, which further undermined his position. Despite his son's efforts, the Delhi High Court emphasized that reliance on his mother's title to the property was sufficient to establish her ownership. The court noted that even though the property was purchased with the husband's savings, it remained registered in the mother's name, and this did not make the property benami under the law.
Consequently, the son and his wife were ordered to vacate the property and relinquish any locks they had placed on it.
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