Can a disinherited son can claim property after father death
Vishwajyoti
(Querist) 25 June 2017
This query is : Resolved
Hi experts,
I want to know that can a disinherited & disowned son can be a legal heir of his property after his father death?
My father died last month. We are two brothers & mother is no more. By the influence of some relatives he had given a notification in the leading newspapers that he had disinherited and severed all relations with me. He has two self earned property one is in Delhi and other in Bhubaneswar.
As per my knowledge he didn't make a will.
My question is that is there any scope for claiming as legal heir.
Waiting for the expert's advice.
Thanks in advance.
Kumar Doab
(Expert) 25 June 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 25 June 2017
If the deceased father has not left a valid WILL then you may succeed.
Death certificate,legal heir certificate/affidavit ( as acceptable per precedence) are basic requirements.
Vishwajyoti
(Querist) 25 June 2017
Yes Sir, I am Hindu.
Dr J C Vashista
(Expert) 26 June 2017
File a suit for partition, possession, damages, mesne profits, permanent and mandatory injunction in Delhi or Bhubaneshwar, your right in the property inherited by you is intact.
Vishwajyoti
(Querist) 26 June 2017
Many many thanks to expert team for giving the valuable information, otherwise I had lost the hope.
Kumar Doab
(Expert) 26 June 2017
Believing that NO valid WILL is left by deceased owner (father) the matter apparently seems to be of simple inheritance (intestate Succession).
The authority under whose jurisdiction property falls e.g; MC, has procedure/docs mentioned on its website and in office.
Try by submitting the requisite docs and obtain updated copy of mutation records showing ownership by inheritance by all legal heirs.
Kumar Doab
(Expert) 26 June 2017
In case a WILL lands up it becomes matter of Testate Succession.
The tricky part is that it is not mandatory to probate the WILL at New Delhi/Delhi, Bhubaneswar.
Go thru the procedure published on website of authority under whose jurisdiction property falls and it might involve steps e.g; submission of legal heir certificate, NOC from all legal heirs along with application and/or advt. in newspapers and/or communication to all legal heirs to submit NOC within set time.
If NO objection is raised the authority may act upon the WILL and transfer the property in the name of beneficiary.
Remain vigilant.
Kumar Doab
(Expert) 26 June 2017
If there is a valid WILL it has to see light of the day and is to be acted upon without any cloud on it.
If there is a valid WILL then you have the option to contest it on merits (if any).
Hemant Agarwal
(Expert) 26 June 2017
CONSIDER THIS:
1. Disinheriting or Disowning CANNOT be done by Newspaper Publications /Notifications or whatever. Such Newspaper Publications /Notifications can be done or retracted every month /year and has no legal relevance.
2. The process of "Disinheriting or Disowning" requires "due procedure and documentations of law", that too in the competent court.
3. UNTIL the above (point no. 2), the legal heir is lawfully entitled to claim his share-ratio of the properties of the deceased, by conducting due procedure of law.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
P. Venu
(Expert) 26 June 2017
The alleged "disinheritance" has no standing in law. You have a share in the late father's property left intestate.
Vishwajyoti
(Querist) 26 June 2017
My heartiest thanks to expert's, Hemant sir, I would like to inform you that may be my father had given the notification in newspapers in legaly since his advocate had narrated on behalf of my father, and stating him as 'my client'. So will it weak my legal claim?
Hemant Agarwal
(Expert) 26 June 2017
Vishwajyoti :
1. Do not bother about the advocate and his newspaper publication, which is legally as good as Toilet Paper.
2. IF your conscience is clear and emotionally respectable for your Father, THEN go ahead with your claims.
3. A STEP AHEAD : Even IF there exists a will, THEN too contest and claim your heirircal rights, since heirirical rights do not fall down from the Sky.
4. A Hindu, even before birth, inherits & has an inherent right to claim his legacy, irrespective of any criteria or whatever.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 26 June 2017
Agree with the expert Dr. J.C. Vashishta ji.
Dr J C Vashista
(Expert) 26 June 2017
Thank you Mr. Rajendra K Goyal for agreeing with me.
Kumar Doab
(Expert) 26 June 2017
Give up your apprehensions and approach a very able senior local counsel of unshakable repute and integrity specializing in succession/civil matters and proceed further under expert advise of your counsel.
You need to act.
Vishwajyoti
(Querist) 29 June 2017
Great answers from expert's really appreciable. I want to clear one thing that if my brother will refuse to give my father's death certificate since I am in Delhi and he is in Mumbai and I don't know on which hospital he passed away. Can I get through RTI act from his office? He was a govt employee of home ministry.
Kumar Doab
(Expert) 16 July 2017
He is under obligation to share it with you.
You are at liberty to write to him to supply you the certified copies of death and legal heir certificate.
If you wish you may pursue RTI as thought of by you.
