The Bombay High Court in Sonia Fazal Khan & Ors. v. Union of India & Ors. ruled that:
“In any conceptualization of succession law for any community or faith, Asif can have no right, title or interest whatsoever in either of these flats — one in his father’s name and other in his mother’s name — so long as his parents are alive.”
The petitioner is the wife of one Fazal Khan. Other petitioners, Naeema and Tasneem are married daughters of the couple. Fazal Khan is suffering from dementia, had multiple strokes, and other physical deficiencies as well. In short, he has been living in a vegetatitve state.
The property in question includes: a bank account in Saraswat Bank in which Sonia is the only joint holder and a residential flat in his father’s name.
Initially, Sonia (petitioner) filed a petition for her appointment as de facto guardian of Fazal’s person and property. However, their son Asif Fazal Khan filed an intervention application to claim his enforceable legal right or entitlement to both flats owned by the couple, which he described as a ‘shared household’. Sonia and her daughter annexed several documents proving bill payments by Sonia but Asif’s application is not accompanied by such annexures.
Son has no right or claim in father’s property as his de facto guardian
Firstly, the Bombay High Court did not accept Asif to be the de-facto guardian of Fazal Khan as there are no annexures that support his contention.
Further, with respect to Asif’s contention that he has an enforceable right or entitlement to both flats by describing it as ‘shared household’ was simply rejected. The Court observed that his status as son does not make either of the flats a ‘shared household’.
Asif holds no right in his father’s property as he never cared for him.
Domestic Violence complaint
Asif also filed one domestic violence complaint against his sisters which was rejected by the Bombay High Court on the ground that he is not a part of the domestic setup itself.
Further orders – Sonia’s status
The Bombay High Court allowed Sonia to operate the joint account she has with Fazal Khan to meet his expenses. She cannot use it for any of her expenses or transfer any money from it to her own account. Sonia is supposed to maintain accounts and file a statement of accounts once every year.
With respect to the flat in question, the Court ordered that Sonia is allowed to negotiate with any prospective purchaser and conclude the deal but cannot enter into an Agreement for Sale unless prior leave of the Court is granted.
The Court refrained from granting open-ended permission because of Fazal Khan’s condition and to ensure that his interests are under the supervision and care of the High Court and disposal of his property should be for bona fide purposes that are in his interest.
