Disowning

Amit Kumar Nigam (Querist) 23 June 2020 This query is : Resolved
Wish to disown my father, mother and sister. Pl suggest process, cost involved and timeline

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Quick Summary

This discussion explores the process of disowning family members, including parents and siblings. While some suggest newspaper publications and sworn affidavits, experts question the legal validity and effectiveness of such methods. The advice given highlights that disowning may not impact parental rights to maintenance or property, and it's unlikely to provide immunity in legal cases like dowry disputes. Clearer facts are needed for specific guidance.

Raj Kumar Makkad (Expert) 23 June 2020
Make publication in the news-papers of your locality. The charges shall be told by the news-papers commercial cell and similarly they shall be able to tell you the time when your publication is going to appear.

Dr J C Vashista (Expert) 24 June 2020
Whether your mother, father and sister are dependant on you or independant ?
What is the reasons and prupose for disowning them?
Publish your intentions in 2 newspapers (one in National- English and other in local- vernacular) on the basis of a sworn affidavit and issue notice to them (mother, father and sister) with copy of newspaper.

P. Venu (Expert) 24 June 2020
Such a procedure is unknown to law. The posting is misconceived.

Rajendra K Goyal (Expert) 24 June 2020
Some people are doing newspaper publication.

Not aware of success / legality any such process.

For what purpose you want to disown?

Whether dependent on you, asking maintenance from you, if so, it is right of parents if not having source of income.

Their right may not be affected whether you disown or not.

Whether they are having any property, if self-acquired, they have right to sell / mortgage / will / gift it in favor of anyone, you can not challenge.

Please mention clear material facts.

Sudhir Kumar, Advocate (Expert) 24 June 2020
come with facts.

Raj Kumar Makkad (Expert) 24 June 2020
Generally family disputes remain the root cause for such extreme steps.

Sudhir Kumar, Advocate (Expert) 25 June 2020
Yes. But in some cases persons land in dowry case and propose to disown the family with false hope of getting them immunity from criminal proceedings.

Raj Kumar Makkad (Expert) 25 June 2020
You are right Mr. Sudhir. This is wrong presumption on the part of such person that they may save the real accused by way of such disowing.

P. Venu (Expert) 25 June 2020
How can a fact be disowned?

Legal advice to publish such advertisement is another case of 'lawyer's delight, jurists despair'.

Rajendra K Goyal (Expert) 25 June 2020
The presumption of expert Sudhir Kumar may be right. People are adopting such tactics. In reality it is difficult to get any relief in such cases.

Fact is matrimonial law is pro ladies and can create a hell for the groom side relatives and groom himself.

Raj Kumar Makkad (Expert) 26 June 2020
Unless the author comes with the true and correct facts, our replies shall remain based upon assumptions and presumptions.

Rajendra K Goyal (Expert) 26 June 2020
Agree with the expert Raj Kumar Makkad, the author should come out with actual facts so can be advised accordingly.

Raj Kumar Makkad (Expert) 26 June 2020
Thanks Rajender ji for agreeing with me.

Rajendra K Goyal (Expert) 26 June 2020
You are welcome Expert Raj Kumar Makkad.

Dr J C Vashista (Expert) 26 June 2020
The author is silent about his moot court topic.

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