The trial court and the first appellate court ruled in favour of the mother, determining the property to be her self-acquired asset, the Orissa High Court noted. (Image generated using AI)Orissa High Court news: Observing that the 75-year-old mother is not keen to allow her son and daughter-in-law to reside in her house, the Orissa High Court recently dismissed a second plea filed by the couple and upheld the order evicting them. Justice A C Behera heard the couple’s plea on February 19.Justice A C Behera was dealing with the couple’s plea challenging the trial court order to evict the self-acquired property of an elderly mother who alleged that her son and daughter-in-law are physically and mentally torturing her and her husband.“The old mother, more than 75 years in age, is not interested in allowing her son and daughter-in-law to stay/reside in her house situated on the suit properties,” the court said on February 19.Also Read | Citing C Rajagopalachari, Orissa High Court denies promotion to police officers over delayed property declarationMother, son and question of propertyThe litigation originated when the woman filed a suit for a mandatory and permanent injunction against her son and daughter-in-law.The woman asserted that she had purchased the suit property in 1989, registered a sale deed, and was the exclusive owner in possession.She alleged that after the son’s marriage, the son and daughter-in-law subjected her and her husband to continuous physical and mental torture, eventually forcing the elderly couple to seek refuge in a rented house.She further alleged that despite village meetings and police complaints, they refused to vacate the premises.The son and daughter-in-law contested the suit, claiming the property was purchased using a joint fund and that they possessed equal rights as members of a shared household.However, the trial court and the first appellate court both ruled in favour of the mother, determining the property to be her self-acquired asset and ordering the son and daughter-in-law to vacate the house.Following the trial court’s order, the son and daughter-in-law moved the high court.Also Read | ‘Not my principle to pay interest’: Orissa High Court quotes Irish writer, slaps Rs 1 lakh fine on borrower in loan default caseFindingsThe elderly woman is the exclusive owner of the house and apprehends danger to her life as well as to that of her husband.She alleges that her son and daughter-in-law are torturing her and her husband continuously.The suit property, on which the house stands, was purchased in the woman’s name.The law relating to the legal status of the property based on the sale deed and Record of Rights (RoR) in the name of a female Hindu, like the woman in the suit, has already been clarified in various judgments.In a case between Gangamma, etc, v. G Nagarathnamma and others, when the properties stand in the name of any female, she is the full owner, and the claim of joint family members (out of joint family income) cannot stand.Also Read | Polls held on basis of fictitious ‘Odisha HC order’: Why Delhi High Court upheld disaffiliation of UP kho kho bodyIn a case between Marabasappa (dead) by Lrs and others v. Ningappa (deceased), the suit properties stand in the name of the woman’s mother-in-law, who becomes the full owner of the property under Section 14 of the Hindu Succession Act, 1956.Section 14 of the Act notes that the property of a female Hindu will be her absolute property.On the question of whether the son and daughter-in-law have the right to stay/reside in the house of the woman situated on her properties against her wish, the courts and the apex court have clarified the matter on various occasions.In Ritesh Khatri and V Shyam Sundar Khatri, it states that if the father allows his son/daughter to continue in possession of his house or property or its portion, the same does not give the child any legal right to claim that property as his own, unless it is an ancestral or Hindu undivided property.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More © IE Online Media Services Pvt Ltd