Can Daughter-in-Law interfere in life / property of Father-in-law ?

Can Daughter-in-law interfere in life / property of Father-in-law ? 

Introduction

There is lot of confusion over course of action if parents of a boy do not want their son and wife of their son to reside with them.

In such situations, proceedings under Code of Criminal Procedure, 1973 or BNSS, 2023 would not be very effective. Lot of it will depend on S. 2(s) of PWDV Act, 2005. Parents can seek a decree of permanent injunction restraining the defendants, their agents, servants, assignees, representatives etc. from entering into/or creating any hurdle in peaceful occupation of the plaintiff over the suit premises. Parents can also seek a decree of mandatory injunction against the defendants thereby directing the defendants to remove their left overs, if any, from the suit premises. 

Disowning Son : Effects

One can refer Aruna Oswal v. Pankaj Oswal [2020] GCtR 9011 (SC) which holds that "Merely disowning a son by late father or by the family, is not going to deprive him of any right in the property to which he may be otherwise entitled in accordance with the law."

Another argument can be that public notice by itself is merely an act of informing the public that the plaintiff is not responsible for the acts of the Son and his wife and that he has severed his relations with them and disowned and disinherited them from his movable and immovable properties, but it does not by itself create any legal impediment on the legal rights qua intestate/testamentary succession as per law available to the son and wife of son. 

Eviction Suit : A Possible Remedy ?

One can then refer Nopany Investment Pvt. Ltd. Vs. Santokh Singh (HUF) [2007] GCtR 9022 (SC). The point that emerges it that "filing of an eviction suit under the general law itself is a notice to quit on the tenant. Therefore, we have no hesitation to hold that no notice to quit was necessary under Section 106 of the Transfer of Property Act, 1882 in order to enable the respondent to get a decree of eviction against the appellant." 

Possession and Notice to Quit

One can have a look at Nitin Jain v. Geeta Raheja [2015] GCtR 6659 (Delhi). That was a case where appeal was decided. In that case, power under Order 12 Rule 6 of Code of Civil Procedure, 1908 was exercised. Though this was not a case of parents and daughter in law, yet law was clarified here. It was held that "Once a suit is filed for possession, the mere fact that no notice to quit and or to vacate a demised premises is given will not inhibit a court from passing a decree of possession if, there is no other impediment in law, as the institution of the suit is an expression of the intention to seek possession."

Principles of Licence

Long ago in the year 1985, Apex Court had explained the role of licensee in Sant Lal Jain Vs. Avtar Singh (1985) GCtR 6670 (SC). 2- Judges' Bench had answered the issue.  The findings of the judgment are in following terms : 

"The respondent was a licensee, and he must be deemed to be always a licensee. It is not open to him during the subsistence of the licence or in the suit for recovery of possession of the property instituted after the revocation of the licence to set up title to the property in himself or anyone else. It is his plain duty to surrender possession of the property as a licence and seek his remedy separately in case he has acquired title to property subsequently through some other person. He need not do so if he has acquired title to the property from the licensor or from some one else lawfully claiming under him, in which case there would be clear merger."

Arguments by Wife of Son

Often wife of son can raise the argument of shared household. In such case, the effort of parents should be that wife of son has not established the fact of existence of joint family or that the suit property was blended or contributed into a common stock with the intention of making it joint by common usage and shared expenses.

Balancing the Rights of Parents

Hon'ble Delhi High Court in Vinay Varma Vs. Kanika Pasricha & Another (2019) GCtR 3069 (Delhi) has considered how parents of son can legally resolve the issue. The issue discussed there is on balance between the rights of the parents/in-laws and the rights of the daughter-in-law.  Two Acts have been discussed : 1. The Protection of Women from Domestic Violence Act, 2005  and 2. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 

If the relationship is acrimonious, then the parents ought to be permitted to seek eviction of the son/daughter-in-law or daughter/son-in-law from their premises. In such circumstances, the obligation of the husband to maintain the wife would continue in terms of the principles under the DV Act. 

In case the son or his family is ill-treating the parents then the parents would be entitled to seek unconditional eviction from their property so that they can live a peaceful life and also put the property to use for their generating income and for their own expenses for daily living. 

While, the daughter-in-law's right to residence and a roof over her head is extremely important, the parent‟s right to enjoy their own property and earn income from the same is also equally important. There can be multitudinal situations which may arise before Courts wherein a view would have to be taken as to which rights are to be preferred over the other. This is so because there are various categories of cases and various fact situations wherein these disputes would arise.