Sourav Dasgupta (Engineer) 15 August 2013

Disinheriting son

I married with my wife in a mandir without the concents of my parents. After marriage she live with me saperately from my parental house in my workplace. Even she did not visited my parental house.My wife filed a false 498a case against me and my family (Father, Mother and Sister) . We got bail from lord C.J.M. Now she threating over phone she came to my parental house to live with me. I told her to come to the house where I live separately. My lawyear says my wife can live my parental house legally. Now I feared that she will go to my parental house and assult them. My questions are,

1. In this situation can my father disinherit me?

2. What is the process of 'disinherit a son'?

3. Does my wife have right to live in my parental house even after my father disinheriting me from his proparty?

4. Does the disinherition will protect my family (Father, Mother and Sister) from any farther the case?

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5 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 16 August 2013

Your wife filed 498-A I.P.C against you, your father, mother, sister you have been granted Bail. You may file quash the proceedings agsinst you and 3 others Section 482 Cr.P.C. H.C. or file Petition to discharge of charges in the court .Your father disown you as his does not arise at all. You and your wife want to compramise you can do so.

surjit singh (Assistant) 17 August 2013

If the said property is self earned property of your father then your father has got a right to allow anybody whom he like to stay in that house.

NGOKC (pm) 17 August 2013

immediately ensure u live in ur rented acco only, since she has neber lived in parents house it iis not matrimonial house

immediaately ask ur parents to move injunction to restrain u and ur wife this way they cannot do this legally

1 Like

Adv k . mahesh (advocate) 20 August 2013

why taking another legal battle

talk to her and solve the issue amicably if the chat is solved then go for legal battle because here you are parents are also involved so in that situation your parents are suffering

Sudhir Kumar, Advocate (Advocate) 22 August 2013

DISINHERITING? when there is 498a case.

Had it been so simple then then there should have been no sufferer of this law (even those who really deserve).

this gimick is not going to pay. The 498a causes criminal liability which is alleged prior to the so face DISINHERITING. Your father fains nothing out of it except proving himself to be oversmart before the court.

The title of property is not relevant to counter right to enter matrimonial house.