How can my brother be eliminated from inheritical property
Raj
(Querist) 17 July 2013
This query is : Resolved
My father wants to eliminate my elder brother from the ancesteral as well as from the self acquired property ..Can my father eliminate him from the self acquired as well as from the ancestral property? Whether there is any deed there for such elimination? Whether such deed needs to be registered? Or Public Notice in the news paper is sufficient?
Guest
(Expert) 17 July 2013
Rights are given by law. No one has any right to eliminate one's rights guaranteed under Law. Hence your father's planning is illegal and would invite more legal problems to one and all in your family.
R.K Nanda
(Expert) 17 July 2013
ur father can disown him by way of PN in
newspaper.elimination is very hard word
indicating negative meaning.do not use it in
family members context.
Raj
(Querist) 17 July 2013
Ok through notification in the newspaper is sufficent for disowning his rights
R.K Nanda
(Expert) 17 July 2013
yes, fully sufficient.
Kiran Kumar
(Expert) 17 July 2013
The son can be disowned by the father and the father may not give any share, to him, from his self acquired property.
However, the rights for Ancestral Property cannot be abrogated.
R.K Nanda
(Expert) 17 July 2013
ur brother will still have his share in ancestral property.
Dr J C Vashista
(Expert) 18 July 2013
Ancestral property devolved upon father is similarly situated to that of self acquired in the hands of Karta of the family and other coparceners are like licencee during his (father's) life time as per 2 judgements deliverd by apex court
Sudhir Kumar, Advocate
(Expert) 18 July 2013
if self acquired and ancestral property cannot be separated then it is difficult to deprive him even of a shred out of his share.
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