Hi Friends,

My father wants to disown my brother from the property, so can you please let me know the entire legal procedure for doing that.

Thanks,

Shruti

If the property is self acquired property of your father, he can execute a Will in favour of any one else. A public notice though not legally required may also be inserted in the newspaper disowning the son and any liability towards public  at large due to any act of ommission/commission of the son.

Hi Harbhajan Sir,

Can't it be done without writing the will? The property is the self acquired property of my father.

Thanks,

Shruti

As long as the property is owned by your father, son can not interefere in that and does not have any share in the same. As such there is no question of  'disowning' him.  The Will is not to be made public. it comes into operation after the death of the executor.

TRASNFER IT TO ANOTHER PERSON

Your father transfer this property any person.

1.  A family member as defined under the Hindu Succession Act, CANNOT be disowned or renounced and his heirarcy rights remain intact.  Disowning is not possible via a will.  However a will maker may not give any money/property to the proposed disownee, in his will.

2.  However, if the family member is a habitual criminal (convicted), and/or indulging in forceful s*xual activity with family members and/or is a chronic non-reverseable drunkard/druggee  and/or  guilty of moral turpitude (any type)  and/or  declared habitual /proclaimed offender by the Central/State Govt.  and/or  (many other parameters)  THEN ....

3.  A procedure in the nature of a Writ,  will have to be filed before the Civil jurisdiction in HC, for such declaration, with proper substaintiated documentary evidences.  After giving appropriate oppurtunity to the family member concerned, the court may pass appropriate orders to alienate the family member from all lawful  rights under the Hindu Succession Act.  This order is effective for publicly disowning / rejouncing the particular family member from the parent family,  thus effectively also lawfully disowning all the debts & liabilities of the disowned family member.  This also effectively also means lawfully forfeiting all monies/assets/properties of the disowned member.

4.  Dis-Owning is more prevelant in the Animal kingdom, wherein the parent animal disown their own children (sort of immediately) and/or even kill /eat their own children, for reasons best known to nature.

5.  A classic example of disowning is  "Divorce" wherein the Wife divorces (disowns) here Husband by a Divorce decree.  Thus also effectively meaning disowning children due to wedlock results, subject to various parameters under the law.

6.  Disowning / renouncing procedure is effective as long as the person from both sides are alive.  Lawfully, a dead person cannot be disowned/alienated and his debts / assets / liabilities will have to be honoured.

Keep Smiling .... Hemant Agarwal

very nice explaination....