A Delhi court has partially disallowed a man's plea seeking to debar his son from property rights but said he can disinherit his progeny by way of his will.
The court, however, restrained the son from forcibly entering his father's house and interfering in his day-to-day life.
"By way of the declaratory decree as sought for, in a manner, plaintiff (father) wants to put a seal of judicial affirmation over the fact that the defendant (son) cannot claim any right in the property.
"To my mind, the plaintiff has a right to propound a will which would obviously take effect at a later stage to divest/ disinherit the defendant. The declaratory relief as claimed for cannot be granted as it does not fall within the ambit of section 34 of the Specific Relief Act," Administrative Civil Judge Sumit Dass said.
During the proceedings, the man's son did not appear in the court which declared him ex-parte and passed the order.
The court, however, partly allowed the father's plea and restrained his son from forcibly entering in his house and interfering in his day-to-day life.
"Now, coming to the relief of injunction. The defendant (son) has no right to enter into the property of the plaintiff (father) or cause any trouble.... He has become an altogether stranger.
"He has no property right whereby he could claim his entry in the house. Thus, the son is restrained from interfering in any manner in the day-to-day life of the father and forcibly entering into the house of the plaintiff here. The defendant is accordingly restrained," the court said.
The man, a resident of North West Delhi, moved the court seeking that his son be declared as disowned and debarred from his properties.
