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Aparajita   01 July 2016

Abuse of legal disinheritance

My maternal grandparents have always hated my mother since she married my father out of her own will. Since then, they cut her out of their life by all means and purposes. Unfortunately, the marriage between my parents didn't work out (due to my father's indulgence alcoholism and other family issues) and they got a divorce after about 20 years of marriage. They lived separately for a period of 7 years before that as well. During that period my mother went through terrible times financially. My maternal grandparents didn't even let her stay in their home when she was sick and I was a child. They gave her no money either. They have always made her feel less both financially and stature wise in comparison to their son - who was the only child they ever wanted. 

 

By god's grace things are good now and we have a happy life. We never kept any contact with them, and neither did we want any. But a few months ago we got to know that they had legally disinherited my mother from their self-earned property. Now, just to clarify - my mother doesn't want a part in their property and never has. But getting that news was an awful blow to her. Despite everything that happened she still had some attachment with her parents (who doesn't) and never thought they would go to such an extent to cut her out of their life. They gave 80% of the property to their son and 20% to their other daughter (My Maasi). They have disinherited her just to show her her place. 

 

They took out a notice in the newspaper about it but we didn't get any copy/notice of it. We don't even know when it was done. From what I have read, if parents prepare a will and specifically mention that one child has been disinherited, the child cannot claim any right to the property. We know there is a will but we don't know if they have judically disinherited my mother or if they have simply taken out a notice in the newspaper. 

 

My question is - do we have any legal discourse here? If my mother wants to take them to court - what can she do?



Learning

 11 Replies

Kumar Doab (FIN)     01 July 2016

In case of self acquired/earned property;Nothing.

Aparajita   01 July 2016

Is there any other basis on which they can be taken to court? Other than the property claim.

Aparajita   02 July 2016

Originally posted by : Adv. Gonjare
Yes.

You can invite them to court canteen and have chai samosa.

Wow, that's funny. Even funnier is a joke coming from a lawyer. 

Vijay Raj Mahajan (Advocate)     02 July 2016

The Will of the testator of the self acquired property can be challenged only after the death of such person , at the time of probation proceedings of the Will in the civil court and as the testator of will in this case is still alive nothing can be done by the heir of the testator which is your mother, whether disinherited or not that too can be challenged at the later stage only because a person who is disinherited can always be brought back to the list of beneficiary anytime before the death of the testator by making a fresh will.

As far rejoining the parents at this stage and to be in their good books can be a good option for now but that will depend how they take this stand made by your mother.

G.L.N. Prasad (Retired employee.)     02 July 2016

Do you think that by dragging them the court, for dealing  their self acquired property as they like gives / restores your relations with them ?

If the reply is YES, go and spend the amount for a bad case.

JustAdvisor (IT)     02 July 2016

your grandparents can at most disinherit you mother from their property. but doing so still will not change the fact that she is their daughter and shares their blood - so this exercise of theirs is futile!

Kumar Doab (FIN)     02 July 2016

The legal position has been explained.

Try by your own efforts or involve other elders.

After all she is their own flesh and blood.

Aparajita   03 July 2016

So it seems that we don't have any legal discourse in case of property. At the risk of sounding unaware - can my mother file a case against them for continued psychological and emotional stress and harassment? for leavinng her to die on the roads without any money and support? 

Vijay Raj Mahajan (Advocate)     03 July 2016

There is no provision of law under which she can claim this against her parents as she was not living with them in domestic relationship for last so many years.

G.L.N. Prasad (Retired employee.)     03 July 2016

"Still if you are inclined, talk to a local lawyer, he will be happy to make some frivolous ground to start some case and take your fees for the next 10 years.  Adv. Gonjare

This is bitter truth and member is brutally very frank.

Member might have forgotten his original post in which he stated that it is her mother that married against the will and left the parents .

Onlly those parents who met similar situation can feel that misery, agony and loss of prestige..  It is not clear as to why mother ignored her rights over her husband who has to legally support her but deserted.

 

Kumar Doab (FIN)     03 July 2016

The legal position has been explained.

To vent anguish on this point is futile.

 


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