Hindu succession act
Sona Raani
(Querist) 07 July 2015
This query is : Resolved
Hello Sir/Madam,,
I
have some doubt with regard to my personal problem. Please suggest.
I am in relation with a person residing in Mumbai. And willing to
marry him. And his parents and my parents also consented. But at the
time of engagement, some misunderstanding created about my caste and
relation broke. Now the boy's father threatening him that if he will
marry me than he will disqualify him from his all property. Is it
possible to do the same??? They are two sons and two sisters. But his
father trying to disqualify him from his property as he wants to give
the same to his elder son. Property is basically self acquired.
And self acquired property can be disposed off in any manner by the
owner but recent ruling of SC, barred this thing, as far as I know.
I need your suggestion on following points:
1. Is it possible to file case in court for seeking partition?
2. Can court grant any other relief to stop the father to disqualify
him from everything, because the boy is not earning and struggling to
establish his career in politics. They are threatening to throw him
out from house and as he has no other place to live.
3. The father is very biased from very starting and brother and his
wife of the boy also trying to move him out for the property. Is this
possible to file suit for partition on this basis from the self
acquired property??
4. Is there any amendment in Hindu Succession Act that If a hindu male
perform love marriage,will automatically disqualify from the father's
property?
Please also suggest what legal recourse We can approach to save the property share of that boy, if we marry without consent of his parents.
Please help and suggest.
Kumar Doab
(Expert) 07 July 2015
You have posted that:
"Property is basically self acquired.
And self acquired property can be disposed off in any manner by the
owner but recent ruling of SC, barred this thing, as far as I know."
Which recent ruling of SC (Supreme Court) you have referred to?
If you post the details/link to the ruling/detailed judgment, it might be possible to post further.
Otherwise the owner can dispose the self acquired property in his/her life time as per his/her sweet will by say WILL/Gift/Sale deed etc..........
Sona Raani
(Querist) 07 July 2015
But Sir, If he is giving his whole property to one son then what crime the other has done? Can there be no legal remedy for this injustice??
Kumar Doab
(Expert) 07 July 2015
The owner can dispose the self acquired property in his/her life time as per his/her sweet will by say WILL/Gift/Sale deed etc....
Which recent ruling of SC (Supreme Court) you have referred to?
If you post the details/link to the ruling/detailed judgment, it might be possible to post further.
Or the Son may involve elders of the family and father may agree.
Rajendra K Goyal
(Expert) 08 July 2015
Father can Will /Gift /Sell / mortgage / assign his self acquired property in his life time as per his wish. Son can not prevent him in doing so.
