Property Rights : A recent ruling by the Kerala High Court may come as a disappointment to sons-in-law who claim or demand rights over their father-in-law’s property. The High Court has categorically stated that a son-in-law has no legal right over his father-in-law’s property or house and cannot claim ownership or residence as a matter of right.
Property Rights : Appeal Filed by Son-in-Law Dismissed
Justice A. Anil Kumar of the Kerala High Court dismissed an appeal filed by Davis Raphael, a resident of Taliparamba in Kannur district. Davis had claimed rights over the property owned by his father-in-law, Hendry Thomas.
Earlier, Hendry Thomas had approached a lower court in Payyannur seeking a permanent injunction to restrain his son-in-law from interfering with or entering his property. He requested the court to allow him peaceful enjoyment and possession of his house and land.
Father-in-Law’s Claim Over the Property
Hendry Thomas stated that he had received the property as a gift from Father James Nazarath through St. Paul’s Church. He further claimed that he constructed a permanent house on the land using his own funds and had been living there with his family.
He clearly asserted that his son-in-law had no legal or proprietary rights over the said property.
Son-in-Law’s Arguments Rejected
In response, Davis Raphael argued that the ownership of the property itself was questionable, as it was donated by church authorities for the benefit of the family. He also claimed that after marrying Hendry’s only daughter, he was “virtually adopted” into the family, thereby giving him the right to reside in the house and claim interest in the property.
However, the lower court rejected these arguments and ruled that Davis had no legal right over his father-in-law’s property.
High Court’s Strong Observations
After hearing both sides, the Kerala High Court upheld the lower court’s decision. The Court observed that it is difficult to accept the claim that a son-in-law automatically becomes a legal member of the family for property rights.
The Court also made a strong remark, stating that it was shameful for the son-in-law to claim that he had been “adopted” by the family merely after marrying the daughter.
Clear Legal Position
The judgment reinforces the clear legal position that marriage alone does not grant a son-in-law any right over the father-in-law’s property unless there is a valid legal transfer, will, or ownership document in his favor.