KOCHI: A man’s claim to have legal right over his father-in-law’s properties was dismissed by the High Court, which observed that the court cannot declare that the son-in-law is a member of the family in this case. Justice N Anil Kumar issued the order while quashing the appeal filed by Davis Raphel of Taliparamba, against the order of the Sub Court, Payyannur, that dismissed his claim over the property of his father-in-law Hendry Thomas.
The father-in-law had filed a suit before the trial court seeking a permanent injunction against Davis from trespassing into his property or interfering with the peaceful possession and enjoyment of the property and the house. Hendry claimed to have obtained the property via a gift deed from Fr James Nasrath on behalf of St Paul’s church, Thrichambaram. According to him, he has constructed a house spending his own funds and he has been residing there with his family. He argued that his son-in-law has no right over the property.
Davis argued that the title of the property itself is questionable as the alleged gift deed was executed by the church authorities for the family. He had married the only daughter of Hendry and has been practically adopted as a member of the family subsequent to the marriage. Hence, he maintained that he has a right to reside in the house. The trial court had held that the son-in-law has no right over the property.
The HC after hearing both sides observed that it was difficult to hold that the son-in-law is a member of the family. “It is rather shameful for the son-in-law to plead that he had been adopted as a member of the family, subsequent to the marriage with Hendry’s daughter,” the HC observed.