Tuesday, October 5, 2021

Son-in-law does not have any legal right over father-in-law's property: Kerala High Court

The Kerala High Court on THE 6TH DAY OF SEPTEMBER, 2021, held that a son-in-law cannot claim any legal right over his father-in-law's property (Davis Raphel v. Hendry Thomas)

The High Court observed that the father-in-law is paying tax on the property and building and has been residing in the same. The Court also found it difficult to hold that the defendant is a member of the family.

"The defendant is the son-in-law of the plaintiff. It is rather shameful for him to plead that he had been adopted as a member of the family, subsequent to the marriage with the plaintiff's daughter."

"The rightful owner(father-in-law) filed a suit for injunction restraining him from entering into the property. The residence of the defendant(the appellant son-in-law), if any, in the plaint schedule building is only permissive in nature. The defendant cannot contend that he is in legal possession of the suit property or the building". 

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