Delhi HC dismissed son's plea in property dispute
A bench of justices A M Sapre and Navin Sinha said that the order of the court should highlight the legal principles applicable to the issues involved.
The Delhi High Court has slapped a cost of Rs 1 lakh on a man for filing a frivolous appeal against his mother in a property dispute, saying it was classic case of an aged parent being harassed by their children and a copy of the storyline of recent Bollywood movie "102 Not Out".
"The present is a classic case of aged parent/mother being harassed by her children for the property. Obviously, it is not unexpected any longer in this age that we are living in, and which is vividly depicted in a Hindi movie ‘102 Not Out’. Obviously, this case is nothing else but a copy of the movie ‘102 Not Out’," Justice Valmiki J Mehta said.
In the suit, the widow has two children -- a son and a daughter. The daughter had filed a partition suit of their Chitranjan Park property here which was supported by mother. In May, the trial court decreed the suit and the son challenged it in the high court.
"Even on merits, I fail to understand as to how a son can dispute the grant of half ownership rights in a property by the husband to his wife, because even for the sake of argument we take that the suit property was allotted to the husband because of being a displaced person on account of his having left a property in East Pakistan, surely a husband can take an ownership of a property jointly in his name with his wife and which will have the effect that he had gifted his half ownership rights in the suit property to his wife in this case," it said.
The court noted that the counsel for the mother stated that the son left no stone unturned to harass and trouble her, and said the court should pass a judgment and clarify the ownership rights otherwise he will keep on harassing her.
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