Kochi: A son-in-law does not have any right over the property of his father-in-law, even if he has spent money for constructing a building in the property, the Kerala high court said.
Justice N Anil Kumar was considering an appeal filed by Davis Raphel of Kannur challenging a munsiff court’s decision that he has no right to interfere in the possession of property by Hendry Thomas, his father-in-law (FIL).
At the high court, the son-in-law (SIL) had contended that by marrying the only daughter of the FIL, he was adopted to the family and has right of residence in the property. He also argued that he had spent money for construction of a house in the property.
While declining to agree, the high court said residence of SIL in the property is only permissive in nature. Therefore, SIL cannot have any legal right to his FIL’s property and building, even if he has spent money for the construction of the building, the court held.
The court also said it is shameful for the SIL to plead that he had been adopted as a member of the family, subsequent to the marriage with the FIL’s daughter.
When the FIL is in possession of the property, the SIL cannot plead that he has been adopted as a member of the family subsequent to the marriage and has right in the property, the court held.
