perumal
(Querist) 18 May 2012
This query is : Resolved
In a hindu family who / either son or daughter is to perform the funeral function of their parents (father/mother)in the event of death. while a son is ready to perform the funeral function, a daughter / daughters could object and bar it. Please inform with reference to relevant law and rule.
adv. rajeev ( rajoo )
(Expert) 18 May 2012
Amongst the Hindus it is the duty of the elder son to perform the funeral function of the deceased. Daughters cannot object for it.
ajay sethi
(Expert) 18 May 2012
yes elder son performs the last rites
Guest
(Expert) 18 May 2012
But you have not stated the reason for the daughter's objection to funeral rites by the son? If the father has already disowned his son, the son gets barred to undertake any such rite.
Shonee Kapoor
(Expert) 18 May 2012
I differ from Ld. Dhingra.
Debarring from life and property does not effect his right to perform last rites. Only apostasy can take away such right.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Guest
(Expert) 18 May 2012
Dear Shonee,
I have NOT used the words debarring from life and property. The term "disowned" used by me for simple understanding in layman's language intended to denote if the father had discarded him to be his son and debarred from all rights towards his relationship as father and son.
Sudhir Kumar, Advocate
(Expert) 18 May 2012
that son might have worked very hard to achieve this status
perumal
(Querist) 24 June 2016
I am very sorry for not replying in time. With our forum's kind advice, I myself did the last rites to my father in the midst of a great conflict with my sisters.
than you ,sir Perumal.m
Sudhir Kumar, Advocate
(Expert) 24 June 2016
if eldest son is unable to perform or refuses then it is youngest son. if no son the paternal/maternal grandson.
perumal
(Querist) 25 June 2016
I have seen the new points. Thank you, sir.
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