Son who beats his parents dare not ask share in their property: Gujarat HC

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Son who beats his parents dare not ask share in their property: Gujarat HC

In the instant case petitioner named Jayeshbhai Patel filled a petition praying for his share in his mother’s property. However in her will the mother has expressly excluded her son from any share in the property as he used to beat his parents. The mother has given all of her belongings to her two daughters who fought the case on her behalf. It was contented by the petitioner that the will of the mother was not proved and the the mother had two floors in her name so he can reside on one floor. To this the respondent daughters claimed that the petitioner was constantly harassing their mother and father to such extent that they had to take such step to exclude their own son from their belongings. The respondents also presented a letter of complaint filled by their mother to the office of Police Commissioner seeking help as the petitioner was constantly beating her.

The lower court dismissed the petition and hence the petitioner went into appeal to the Gujarat High Court , However Justice Paresh Upadhyaya after looking into the facts and circumstances of the case was of the opinion that there was no misjudgment by the lower court, the finding of the facts and the decree suffer from no perversity and hence re reading of the case is denied.

The court also concluded that the son who has no respect for his parents has not come to the court with clean hands , the facts and evidences have clearly proved that the mother of the respondents was suffering at the hands of her son and hence decided to devoid him of any right on her property, this is what is expected from a reasonable prudent man. If the petitioner is an ungrateful son who has no respect for people who has born and brought up him he will have no right over their belongings too. The court while giving this decision also relied on the judgment of the Supreme Court Of India in the case of Mahesh Kumar and Leela Rajgopal.


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