The Bombay High Court in Sonia Fazal Khan vs Union of India held that the son doesn’t have any right or title in flat of parents when they are alive.

The division bench of Bombay High court consists of Justice Gautam Patel and Justice Madhav Jamdar haring the case.

The court observed that the claim of the son that he has share in the flats owned by his parents is wrong. The fact that he is their son, living in the sharing household doesn’t make his right in the flats.

There are two flats one in name of father and another is in name of mother.  The application filed by the son to intervene request of his mother in court for appointment of her husband’s guardian.  Her husband suffering from dementia and strokes.

They tell the court they need to access joint account and sell the flats to wear medical expenses of her husband’s treatment.

The property in question before the court is the joint account in saraswat bank and the flat is situated in Marol, Andheri.

The mother and daughter proved before the court that they were taking care of his father and bearing all the expenses of medical treatment. They prove before the court that son did not have any concern about the condition of his father.

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