A father has absolute right to evict son from his self-acquired property

Rajasthan High Court Upholds Father's Right to Evict Son from Self-Acquired Property Court Affirms Parental Authority Over Property, Dismisses Son's Claims of Co-ownership and Imposes Exemplary Costs

In a landmark judgment reinforcing parental rights over self-acquired property, the Rajasthan High Court's Jaipur Bench, presided over by Justice Sudesh Bansal, has ruled in favor of a father seeking the eviction of his son from his property. The court dismissed the son's claims of co-ownership, upholding the father's absolute right to evict him.

The case, Ritesh Khatri v. Shyam Sundar Khatri, centered around a property dispute between a father and son in Sawai Madhopur District. The property in question, a plot measuring 90x112 square feet, was purchased by the father and his brother in 1974. Despite the son's contention that the property was part of a Hindu Undivided Family (HUF), the court found no evidence to support this claim.

The court emphasized that the son's residence in the property was permitted out of parental love and affection, categorizing his stay as permissive rather than legal ownership. The judgment clarified that a child residing in a parent's property does not acquire ownership rights, allowing the parent to revoke permission and seek eviction through a mandatory injunction.

Justice Bansal's judgment highlighted the distinction between permissive possession and legal rights, noting that the father's permission was gratuitous and did not confer any legal title or interest in the property to the son. The court further imposed exemplary costs of Rs. 1,00,000 on the son for engaging in malicious litigation against his father.

This case sets a significant precedent in property law, affirming that parents have the legal authority to manage and dispose of their self-acquired property without interference from adult children who have no legal claim to it. The court's ruling underscores the importance of clear legal ownership and the ability of parents to make decisions regarding their property, irrespective of familial ties.

The judgment also serves as a cautionary tale against unwarranted legal challenges within families, emphasizing the need for clear understanding and respect for property rights.

Bottom Line:

A child residing in the parent's property due to parental love and affection does not acquire legal ownership or rights in the property. Parents have the absolute legal right to evict a child from their self-acquired property.

Statutory provision(s): Civil Procedure Code, 1908 Section 100; Indian Easements Act, 1882 Section 52

Ritesh Khatri v. Shyam Sundar Khatri, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2800439