Rights of parents and children

[sarang]

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An interesting judgement.
1. 73 year old father wants to keep his daughter out of his house.
2. 35 year old daughter claims tenancy rights
3. Another round of litigation is possible, because the flat belongs to parsi panchayat, serves the parsi community, and the daughter may not be a legitimate parsi now as she had married a christian (from the surname).



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Adult children need parents’ approval to stay with them: Bombay high court​

"The court observed that in the case of daughters, when they get married they become part of the husband's family. "When a daughter gets married and leaves the house of the father to reside with her husband, she ceases to be a member of the father's family and becomes a member of the family of the husband where she has got certain rights under the law. After marriage when she goes to the house of the parents, legally she is only a guest in the house and does not have a legal right to continue there. She can stay there as long as her parents permit her but she cannot force herself on her parents in the house."

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Adult children need parents’ approval to stay with them: Bombay high court - The Times of India

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[sarma-61]

An interesting judgement.
1. 73 year old father wants to keep his daughter out of his house.
2. 35 year old daughter claims tenancy rights
3. Another round of litigation is possible, because the flat belongs to parsi panchayat, serves the parsi community, and the daughter may not be a legitimate parsi now as she had married a christian (from the surname).



​

Adult children need parents’ approval to stay with them: Bombay high court​

​

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"The court observed that in the case of daughters, when they get married they become part of the husband's family. "When a daughter gets married and leaves the house of the father to reside with her husband, she ceases to be a member of the father's family and becomes a member of the family of the husband where she has got certain rights under the law. After marriage when she goes to the house of the parents, legally she is only a guest in the house and does not have a legal right to continue there. She can stay there as long as her parents permit her but she cannot force herself on her parents in the house."

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Adult children need parents’ approval to stay with them: Bombay high court - The Times of India

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I feel the court is very correct. But the present times are such that I expect the feminist lobby creating a hullabaloo against this Mumbai High Court verdict, the daughter going in appeal to the Supreme Court and that Court allowing that Parsi-Christian daughter some sort of "say" after the demise of her parents, and so on. The SC may even allow the daughter and son-in-law to occupy the flat by "sharing".

 

[renuka]

I feel once a child both male and female reach adulthood they should not interfere in the decision of parents and parents too should not interfere in their personal lives.

Just live and let life..I feel a woman is always on her own after marriage.
Inlaws will always see you only as an Daughter In Law and parents will kind of feel that they have done their duty and she sorts of belongs to another family.

Do we women really care? I dont. Just do our duty and try not to get too attached to anyone parents or inlaws.

Nothing can really go wrong if we know our limits and do our duties.

 

[Yamaka]

An interesting judgement.
1. 73 year old father wants to keep his daughter out of his house.
2. 35 year old daughter claims tenancy rights
3. Another round of litigation is possible, because the flat belongs to parsi panchayat, serves the parsi community, and the daughter may not be a legitimate parsi now as she had married a christian (from the surname).



​

Adult children need parents’ approval to stay with them: Bombay high court​

"The court observed that in the case of daughters, when they get married they become part of the husband's family. "When a daughter gets married and leaves the house of the father to reside with her husband, she ceases to be a member of the father's family and becomes a member of the family of the husband where she has got certain rights under the law. After marriage when she goes to the house of the parents, legally she is only a guest in the house and does not have a legal right to continue there. She can stay there as long as her parents permit her but she cannot force herself on her parents in the house."

​

Adult children need parents’ approval to stay with them: Bombay high court - The Times of India

​

My wife says that if the house is an inherited property from the grandparents, and NOT an earned property by the father, then the daughter has some claim (equal claim as that of the son) as per the fully amended Hindu Succession Act of 1950, updated in 2004.

But, as the Karta the father can indulge in all sorts of tricks to keep her away...that's morally repugnant, IMO.

Only a lawyer specializing in that branch of law in India can say for sure.

 

[sarang]

But that is made clear in the judgement. She gets her due legal rights after her father's death.

My wife says that if the house is an inherited property from the grandparents, and NOT an earned property by the father, then the daughter has some claim (equal claim as that of the son) as per the fully amended Hindu Succession Act of 1950, updated in 2004.

But, as the Karta the father can indulge in all sorts of tricks to keep her away...that's morally repugnant, IMO.

Only a lawyer specializing in that branch of law in India can say for sure.

 

[Iyyarooraan]

Renukaji a correction. Married daughter is not an outsider to her first home, if she is working/earning.

 

[renuka]

Renukaji a correction. Married daughter is not an outsider to her first home, if she is working/earning.

Really??? I feel parents never ask daughters any money after she is married.

 

[biswa]

Really??? I feel parents never ask daughters any money after she is married.

That may be true (particularly in traditional households). But modern daughters seem to give (if not money then other materials and support).

 

[renuka]

That may be true (particularly in traditional households). But modern daughters seem to give (if not money then other materials and support).

My father always says that a father must only give for his daughters and sons and never receive anything from them cos its duty of parents to provide and never to take.

My parents do not even accept gifts from us children..they tell us to save the money instead.

Even in event that any money is urgently needed my parents insists on paying back promptly to us children.

 

[sarang]

It is not right to deny the pleasure the children get by giving presents. The parents can return equivalent gift on a suitable occasion. I (my parents also did the same) give cash/ gift certificates which can be used as per their choice. Of course, lot of fancy junk received from various is redistributed.

There are still many families with moderate income, who exchange small gifts, but with a big heart.

My father always says that a father must only give for his daughters and sons and never receive anything from them cos its duty of parents to provide and never to take.

My parents do not even accept gifts from us children..they tell us to save the money instead.

Even in event that any money is urgently needed my parents insists on paying back promptly to us children.

 

[renuka]

It is not right to deny the pleasure the children get by giving presents. The parents can return equivalent gift on a suitable occasion. I (my parents also did the same) give cash/ gift certificates which can be used as per their choice. Of course, lot of fancy junk received from various is redistributed.

There are still many families with moderate income, who exchange small gifts, but with a big heart.

We children abide to what they wish cos my parents say they feel its better if that money is saved for the future or donated or used for charity(I forgot to include the part where they said to use the money for charity in my earlier post)

But I feel its part of aging also..cos as I grow older even I do not really fancy receiving gifts cos I prefer getting stuff on my own cos I know what I prefer and like.

 

[C RAVI]

No parents betray their kids. Both sons and daughters are equal to them (mostly). All the problem arises that requires law to interfere, only when son (son & DIL) or daughter (daughter & SIL) acts oversmart and try to betray their parents, when they don't mind to put their parents in hardship and make them suffer and cry and when siblings tries to fool each other and take the charge of the whole thing, only for one self, that parents have gained and secured with all their hardships.

Having been grown up fully, made to survive independently and been dispensed with all sort of parenting responsibilities, childrens should never be greedy to grab everything from their old parents. In fact, it's children's responsibility to ensure offering as much comfort and happiness as possible to their parents.

As Renuka has stated, parents are more happy if their childrens are happy and would not expect anything in return that is beyond their children's capacity. As parents, having offered a lot to the childrens for long time, going through sacrifices and hardships, it's very much sensible and reasonable as per basic human psychology to expect something just something (small presentations / emotional & physical support / care and protection as needed etc ) in return from their childrens with their true love and care.

There should be sufficient strict laws that can well protect the interests of the parents from their such childrens who want to suck their parents and chew them out in order to grab everything as smart followers of realistic material world, with their rational brain and selfish heart.

As far as my parents are concerned, the thing that irritates me the most is their refusal of what we want to offer/present them. They asks us never to spend anything for them. Well, that's how are the most of the parents. But that does not mean that we can take it to our advantage and behave as if our parents are just like any other X Y Z.

 

[Iyyarooraan]

Needy will of course ask them. But the majority girls have more compassion and the sons are found wanting. Maybe he does not get orders?

 

[Iyyarooraan]

Times are changing and traditions exist only in talking terms. Well, no parent would ask for anything from their kids, if they can take care of themselves. Everybody has ego, even a dying person, but the needy surrenders his/her ego; as per shastraas? I do not know. I think everybody has improved, including the die-hard orthodox. Moreover, no third person is involved in parents and married girls relations. So far so good. Let it be better. As "PS", girls have now right to property and the law expects them to be responsible to parents, too.