Kerala Ap.21 : A son-in-law has no right in a property belonging to his father-in-law, even if the former has made contributions for the construction work of the said property, the Kerala High Court has ruled. Giving its verdict in a case where the son-in-law made claims to his father-in-law’s property, the HC also clarified that the husband of a man’s daughter can stay in his house, only for as long as he has the permission of the man.
In the case, Davis Raphel of Taliparamba, Kannur, who was living in his father-in-law Hendry Thomas’s property, had claimed that since he had married the only daughter of the family, he had been adopted as a member of the family and thus, enjoyed a right in the property.
In a suit filed before a trial court, Thomas claimed permanent injunction, interdicting Davis from trespassing into his property or interfering with the peaceful possession and enjoyment of the property, which he acquired through a gift deed made by Father James Nasrath on behalf of the St Paul’s Church, Thrichambaram. Claiming a right into the property, Raphel argued that the gift deed conferred the ownership right to the family, of which he was a member and thus, a right-holder. After the trial court ruled in favour of the father-in-law, Raphel moved the HC.
“When the father-in-law is in possession of the property, the in law cannot plead that he had been adopted as a member of the family, subsequent to the marriage with his daughter and has right in the property. Residence of the son-in-law is permissive in nature. (The) son-in-law cannot have any legal right to his father-in-law’s property and building, even if he has spent an amount on the construction of the building,” the court observed.
“It is rather shameful for the son-in-law to plead that he had been adopted as a member of the family, subsequent to the marriage with Hendry’s daughter,” the HC said in its order, while dismissing Raphel’s plea.
