Son cannot claim right to parents' property when they are alive: Bombay High Court

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Sonia Khan sought to be declared as the legal guardian of all properties owned by her husband, who had been living in a vegetative state for a long time.

The Bench of Justices Gautam Patel and Madhav Jamdar found the submission to be ill-founded and illogical.

“In any conceptualization of succession law for any community or faith, Asif (son) can have no right, title or interest whatsoever in either of these flats — one in his father’s name and other in his mother’s name — so long as his parents are alive.

“Son (Asif) has no rights in his father’s flats. He has nothing to show that he has ever cared for his father. We reject his contention that his mother has an ‘alternate remedy’. That submission alone shows us Asif’s true nature, his utterly heartless and avaricious approach. His Interim Application is dismissed.”