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Disown (bedakhal) family member from the ancestral property

Querist : Anonymous (Querist) 24 December 2020 This query is : Resolved 
My father wishes to remove property rights of a family member as she has committed something unlawful. My father has some ancestral land (currently on father`s name) in our village,1 house and 1 plot as property some gold and bank balance.I want to know the process and time required to do so.
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Isaac Gabriel (Expert) 24 December 2020
Ancestral property is the one which need to devolve on legal heirs and question to refuse to.any legal heir is against law
kavksatyanarayana (Expert) 24 December 2020
Yes. For ancestral property, all the legal heirs have equal rights over it and the father cannot refuse the rights of any legal heir.
Advocate Bhartesh goyal (Expert) 24 December 2020
Legal heirs can not be deprived for their rights in ancestral properties .If father denies then legal heirs can claim through due process of law.
Dr J C Vashista (Expert) 25 December 2020
The action of your father would yield no fruits as she is entitled for an equal share in ancestral property.
Rajendra K Goyal (Expert) 25 December 2020
The property is in the name of your father. How it came in the name of your father?

Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period.

First confirm whether the properties fulfil the required definition of ancestral property.

If it fulfills the requirement, agree with the advice from experts.
Rajendra K Goyal (Expert) 25 December 2020
If all the properties does not fulfill the definition of ancestral property, in that case your father can gift / bequeath / sell it to anyone.
Dr J C Vashista (Expert) 26 December 2020
Well explained and advised by expert Mr. Rajendra K Goyal, I endorse and appreciate.
Dr J C Vashista (Expert) 26 December 2020
Hindu Succession Act, 1956 has been amended in 2005 bestowing equal right of daughter in the intestate property of father, which is inapplicable in the instant case, where father do not want to give share to his daughter.
P. Venu (Expert) 27 December 2020
'Disowning' a family member is a process unknown to law.
Rajendra K Goyal (Expert) 28 December 2020
Yes disown of family member process is unknown to law.
Guest (Expert) 28 December 2020
Rajendra K Goyal should Legally Justify his Last Post. Refer --DVRO--Domestic Violence Restraining Orders which would prevent your family or particular member of the family from contacting you or involving with you for any reason.

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