Delhi High Court: Son has No Right to Stay in Parents House without their ‘Mercy’


On Tuesday, the Delhi High Court decided that an adult son had no right to remain in his parents’ home and that an individual can live in his parents’ home only at their “mercy.”

The High Court was hearing a case against a lower court’s order asking a man and his spouse to leave the first floor of his parents’ residence in west Delhi.

The young son of a west Delhi old man, the appellant had acquired an order against being dispossessed of the property, while the case was still in the High Court.

The old man told the court that out of affection and passion, he and his spouse permitted his son and his spouse to stay on the first floor of the house, while the elder son and his wife were on the second floor.

‘Life changes hell’

The mother and father said “their kids as well their spouses made their life terrible for them so much so that they were not even spending off the electricity bills”.

“The parents were restricted to make various complaints to the cops and also released public note on 5th Jan, 2007 and 17th May, 2012 disowning their kids and stopping them from their self-acquired residence,” a legal court mentioned in its reasoning old Nov 24.

Since the scenario became intolerable, they provided an FIR looking for a compulsory injunction odering them to leave and also to stop them from developing any 3rd party interest in the exact residence.

The argument was known for arbitration but that attempt was unsuccessful.

In Sept, the son decided to pay Rs 3,500 monthly to the parents. He then informed a legal court that he had nothing to pay. At the next hearing to, he rejected to pay cash to his mother and father, and tried to wait the hearing on various reasons.

“The person who appeals cannot be able to misuse the process of law by looking for postponement on one pretext or the other especially when they are experiencing ad-interim stay against their dispossession from this Court,” said Justice Pratibha Rani.

Parents’ declare stronger

Justice Pratibha Rani said the respondents [the parents] may not have shown themselves to be owner of the house as in the case of a registered sale deed,

but “surely they would have better rights/entitlement to seek possession of the residence from his kids who were able to stay on the first floor only out of love and affection.”

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