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Hindu undivided family

(Querist) 17 December 2014 This query is : Resolved 
Sir
If we are four brothers and my father disowned his son ,the disowned stays separately in his own house and we three brother are in the hindu undivided family stay in the same house after my father can the disowned son can acquire the father property or does he have any right with ours individuals property or fathers property
Please suggest me
Thanks & Regards
Anand Bali Adv. (Expert) 18 December 2014
Dear Friend,
Please note disowned Son is still a Son in regard to the ancestral property if any, one only can disown a person from his rights not of other's.This is the dictum which prevails under the circumstances where there is a disownment of any person from the rights which he gets exclusively from the person who disowns him. Thus the disowned son is having right on the ancestral property which can not be denied by any means.
T. Kalaiselvan, Advocate (Expert) 24 December 2014
If your father had family arrangement for disbursing his self acquired property to the people of his choice, it cannot be challenged by a third party, be it a disowned son or a favorite son. If the title holder dies intestate without making any arrangement disbursement of his self acquired property, then the disowned son, being a legal heir to the deceased will also be legally entitled to a right of share in the intestate property.


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