Children cannot claim ownership of parental property

 Children cannot claim ownership of parental property: High Court action judgment


Court


One of the two houses is in the father's name and the other in the mother's name. Asif (son) cannot claim ownership of the house as long as they are alive. The court ruled that his claim that he had the right to the flat while his parents were present was ridiculous.



The Mumbai High Court has ruled that children cannot claim ownership of their property while the parents are alive.




Sonia Fazil Khan, a native of Maharashtra, had filed a petition in the court seeking to appoint herself as the legal guardian of her property as her husband is bedridden. Meanwhile, Sonia's son Asif Khan has filed a petition challenging this and claiming ownership of the property.


The petition came up for hearing in a session of the Mumbai High Court comprising Justices Gautam Patel and Madhav Jamdar. The lawyer who appeared for Asif at the time argued that ‘Asif’s parents own two houses and that Asif has a legal right to the house even if they are alive.




The judges heard that one of the two houses was in the father's name and the other in the mother's name. Asif (son) cannot claim ownership of the house as long as they are alive. It is ridiculous for him to claim that he owns the flat while his parents are there. '




The court also allowed Sonia to manage a joint account in her and her husband's name, saying that she should keep an account of the amount spent and not spend the money on her personal expenses. It also said the house should not be sold without court permission.




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