Legal advice
Querist :
Anonymous
(Querist) 08 July 2021
This query is : Resolved
Hi sir, If any father wants to disown/remove his Adult son from his legal custody. Then what is the process. Is a Newspaper publishing is sufficiently recognised as Removal under Operation of Law ? Thanks
J K Agrawal
(Expert) 08 July 2021
No, by no means you can disown your son. No such concept in Hindu Culture or Hindu laws.
You simply make a division of property. That is all to protect your property from sins of your son.
It makes no difference to publish in paper or not but you should have one paper that you and your son has divided property and he is no longer a member of your coparcenary.
Querist :
Anonymous
(Querist) 08 July 2021
Hi Sir, Thanks for the reply. I was just curious how we can fulfill the following stated condition
"have been removed from their parents' exclusive legal custody by adoption, court order or operation of law"
Thanks in Advance.
J K Agrawal
(Expert) 08 July 2021
it is by operation of law. After attaining age of 18 a minor is automatically removed from custody of parents.
P. Venu
(Expert) 09 July 2021
What are the facts? What is the context?
Dr J C Vashista
(Expert) 10 July 2021
Your query is regarding removing a minor from custody under guardianship or disowning son, be clear and specific to form proper opinion and oblige.
K Rajasekharan
(Expert) 10 July 2021
An adult of above 18 years is not under the custody of his parents. So, there is no question of either removal from custody or paper publishing arise.
If your son is above 18 years of age you can outright send him out of the house for which you can get the help of police or court. You have no legal obligation towards him. He has no right in your house after attaining the age of 18 years, if you don’t own ancestral, coparcenary property.
The obligation you have towards him is social or moral obligation but not legal. However, there is no law that entitles you to declare him as not your son as it is a biological factor.
Querist :
Anonymous
(Querist) 10 July 2021
First of all, Thanks you all for you replies. I Just want to put the facts and information in more elaborative way.
I have 2 son, out of which 1 is settled abroad recently. and 1 I have remove from my financial assets (now aged 42 years) by giving newspaper advertisement in 2013. Now i want to moved with my son in abroad. But one condition of Immigration is that I have to prove the other son "have been removed from their parents' exclusive legal custody by adoption, court order or operation of law".
How can i prove that or which other documents/ process I need to follow to validate that, so I can reunite with my son abroad.
Querist :
Anonymous
(Querist) 12 July 2021
Hi Sirs,
Any guidance/advice for the aforesaid query ?
P. Venu
(Expert) 12 July 2021
Condition of immigration - Such a condition appears to be strange and illogical. May be, it could be that things are wrongly understood!
Querist :
Anonymous
(Querist) 12 July 2021
Sir,
Aforesaid is the condition of Australian immigration Dept. Exact wording are as follows:
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804/balance-of-family-test
Children are not counted if they:
1. are deceased
2. have been removed from their parents' exclusive legal custody by adoption, court order or operation of law
3. are registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by the UNHCR
4. live in a country where they suffer persecution or human rights abuse and can't be reunited with their parents in another country
Since, I have already removed my 1 son from my financial Assets, can I treat him under 2nd point aforesaid, So that he became ineligible for counting as Australian Immigration department.
Thanks
P. Venu
(Expert) 12 July 2021
To my understanding, an adult son or daughter does not constitute a 'child'.
