Is public notice in news paper is sufficient to debarred a s
ravindra kumar
(Querist) 05 September 2016
This query is : Resolved
Dear Experts,
My father debarred me from my legal rights on his property on the basis of false Charges of abusing etc, to give benefits to his family from second wife. my query is that is public notice in news paper is sufficient to debarred me. I also want to know that can I challenge this disown and debarred notice in court.
Regards,
Rahul
Kumar Doab
(Expert) 05 September 2016
It is believed that your father,you are Hindu.
Inheritance is by birth.
What is your loss!
You may go thru:
The Advocate General vs Jimbabai
https://indiankanoon.org/doc/89159/
Kumar Doab
(Expert) 05 September 2016
Is the family HUF?
Kumar Doab
(Expert) 05 September 2016
Parents usually do not resort to such action!
Why did your father act to such extent?
Repair the fractures in relation!
Kumar Doab
(Expert) 05 September 2016
After you have gone thru the above mentioned decision you may go thru;
"Removing any misgiving about the claim of a share in the joint family property, the Supreme Court has held that the parents have every right to deny the share............................Any person of ordinary prudence would have adopted the same course and would not have given anything to the ungrateful children form his or her share in the property"
Supreme Court of India
Mahesh Kumar (D) By Lrs vs Vinod Kumar & Ors
https://indiankanoon.org/doc/93264341/?type=print
ravindra kumar
(Querist) 05 September 2016
Dear kumar Doab sir,
I am not bothering about property of my father. My real pain is that publicly false charges imposed on me. If he do not want to give any thing to me , OK he can mention that in his will. there is no need to published publicly. Is this defamation or not. Can I file case of defamation against him.
Regards,
Rahul
Kumar Doab
(Expert) 05 September 2016
Newspaper publication to 'Disown' is to declare that one is not responsible for the act of another.
All kind of things happen in society.
Still he is your father, try to make up.
Guest
(Expert) 05 September 2016
What a comfort you have proposed for your aging father! I wonder, what wrong cannot be expected by the parents from their children now a days, after they become self sufficient after the parents bring them up from their infancy to elf sufficiency by dint of their hard toil in life? Now you are adult, you are free to drag your father to the court of law for any reason!
Devajyoti Barman
(Expert) 05 September 2016
Do not think even of filing any case against your father.
There must be reason in doing so even if the allegations are not true.
He is your father and you must not forget this thing.
Kumar Doab
(Expert) 05 September 2016
You can benefit from the advise of experts.
Rajendra K Goyal
(Expert) 06 September 2016
You said:
My father debarred me from my legal rights on his property on the basis of false Charges of abusing etc, to give benefits to his family from second wife.
Ans: Such notice does not effect inheritance / your natural relation.
You said:
my query is that is public notice in news paper is sufficient to debarred me.
Answer:
such notice does not effect your natural relation of father and son. However, for self earned property he can sell / gift / mortgage / bequeath a will for his property.
Rajendra K Goyal
(Expert) 06 September 2016
You said:
I also want to know that can I challenge this disown and debarred notice in court.
Answer:
You are pained from his steps, you want to reply in same coin to your father, may not get required results.
You said:
I am not bothering about property of my father.
Ans:
Then, why to bother for other things?
Rajendra K Goyal
(Expert) 06 September 2016
You said:
My real pain is that publicly false charges imposed on me. If he do not want to give any thing to me , OK he can mention that in his will. there is no need to published publicly.
Answer:
He is your father, try to wait and let him realize his step.
You said:
Is this defamation or not. Can I file case of defamation against him.
Answer:
Try to avoid and also avoid to further worsen the situation.
ravindra kumar
(Querist) 06 September 2016
Thanks to all experts for your valuable reply.
Regards,
Rahul
ravindra kumar
(Querist) 06 September 2016
Thanks to all experts for your valuable reply.
Regards,
Rahul
Kumar Doab
(Expert) 06 September 2016
You are welcome.
Kumar Doab
(Expert) 06 September 2016
It is good to see that some authors do come back to thank the experts.
And some authors are wise to understand the essence of suggestions.
P. Venu
(Expert) 06 September 2016
The Newspaper publication is meaningless nor can he disown you. Also, your father cannot deprive you of any of your rights. However, you have no rights in his self-earned property during his lifetime. He can transfer, gift or bequeath such properties at his discretion.
Sudhir Kumar, Advocate
(Expert) 09 September 2016
what was need to open new thread at
http://www.lawyersclubindia.com/experts/Is-earning-from-family-Pension-consider-self-earned--615536.asp
what do you think you are gaining by spreading facts in different baskets (except wrong advise based on half facts)
Sudhir Kumar, Advocate
(Expert) 09 September 2016
seen facts available at
http://www.lawyersclubindia.com/experts/can-i-file-case-under-sec-494-and-495-of-ipc-against-my-father-after-the-death-of-my-mother--570996.asp
Not clear whether your father is having family pension of your mother despite having married another lady after her death.
Be clear of facts.
Kumar Doab
(Expert) 09 September 2016
I had noted the other threads and felt that the author has different issues in different threads.
Apparently the issues are genuine, on the face of it.
Other experts must also had observed it.
That is why no reference of any thread in another thread was made.
Anyway it is individual discretion.
Kumar Doab
(Expert) 09 September 2016
As already posted in thread;
http://www.lawyersclubindia.com/experts/Is-earning-from-family-Pension-consider-self-earned--615536.asp
You may act on the advise of Expert Mr. Raj Kumar Makkad, in the above mentioned thread.
Kumar Doab
(Expert) 09 September 2016
In thread;
http://www.lawyersclubindia.com/experts/can-i-file-case-under-sec-494-and-495-of-ipc-against-my-father-after-the-death-of-my-mother--570996.asp
You have recieved a response.
Kumar Doab
(Expert) 09 September 2016
It is suggested that you may approach a very able counsel with all docs, inputs on record and understand the options and remedies and merits and prefer to proceed further under expert advise of your counsel.
Rajendra K Goyal
(Expert) 22 September 2016
Discuss in detail with local lawyer.
Guest
(Expert) 22 September 2016
He preferred to create a new thread for the reason best known to him.
Kumar Doab
(Expert) 22 September 2016
Another thread?
