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varun (law)     13 September 2012

Disinherited son...

sir my father has disinherited my brother and his wife on 28 oct,2010 both judicially and in newspaper notice due to his bad deeds..my father died in dec.2010 and my brother is living with us but we dont have any rel.with him..nw again someone has filed cmplnt against him and demanding money from us...can he demand money as my brother has already disinherited?????



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 September 2012

Nobody can legally demand money from you for anything done by your brother. Let that person persue his complaint against you brother, do not pay any heed to any illegal demands.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 September 2012

Your brother's personal liabilities are his own, and not the family's - with or without the disownment. 

2 Like

Ramanathan G (Independent practice)     14 September 2012

Sirs, The term disinheriting is not understood here. No one can be a judge in his own cause. News paper advertisements of this nature is nothing but judging own cause. At the most only point can be told is, for the funeral of the person giving advertisement, the disinherited son should not cooperate. It also means that, do not come with complaint to me about my son, he is out of my control. Only by Will, Gift deed etc the disinheriting can be done, only for those property which is within the legal rights of the person who make those conveyancing deeds. The criminal case and civil case against your brother can affect only that property upon which he have any right, whether joint family property or his private earned property. Keep a list of that and produce where necessary. Merely because your father had disinherited your brother by giving newspaper, no Judge or Policemen will have prejudice against him, unless they will examine the nature of deceased father and still alive son. In this Kali Yuga, the parents do not do their duty properly. The son who got love and affection from school, neighbour etc, may not show proper respect to own father, but may be good individual than the father. Consequently keep a lot of facts to state how the disinheriting took place. Nothing is happening to loose heart or peace of mind. I even think that, he may wanted to do partition and sending own friends to demand money so that he will get partition done. Another point is, if there is a sister or girls within the house, please ensure that, like this visits of people demanding money will not take place, to protect their rights.

All the best.

1.40 pm of 14-9-12

varun (law)     14 September 2012

sir u are not getting my point..my brother is disinherited in newspapers as well as judicially by magistrate....

Ramanathan G (Independent practice)     15 September 2012

Sir, Initially you wrote: "28 oct,2010 both judicially and in newspaper notice due to his bad deeds", now you are clarifying "judicially by magistrate....". I will tell you the law, if i am wrong, other persons of LCI who are also reading it will correct me. There are two types of Judgments: in personam and in rem. Judgments related to Succession rights are "in rem" judgments. Only Civil Courts are permitted to pass these judgments. A Magistrate can ask your brother, not to disturb your father, nothing else. Same order can be obtained from a Civil Judge/ Munsiff also. Do not disturb order is not Disinheriting your brother. Each person takes birth with certain rights, which cannot be disinherited. It is told that, self earned property can be given away as we please. But if our children are determined to challenge that, and prove that only to do injustice, the self earned property was sold/ Willed away, the receipient have to return that to the right owner, the children. 

No order of In Rem Status could have been passed in your case.

Any way, that is entirely different question. If you have an order saying, your brother lost his Rights in all the properties,  that is different. Unless you have that, you are bound to give your brother's share in the properties to clear his debt.

One more point: even if you have such an order of denying his right to the properties, if that is not passed after hearing him and his children, you will not get any benefit of that judgment.

My intention to answer a question is to give life to the parties. First clarify, whether there are girls/ females, especially unmarried sisters. If yes, once more approach the Magistrate court to obtain an order that, those who are demanding money will not come to the house, to protect the welfare of females.

Any way, the CIVIL Case aspect, i will not advice you to deny money/ share on loop holes, reason is, to do that you will have to give Advocate fees, bribe to court staff, Police etc; ultimately one day a bold judge will tell you to give that share or amount. Eventhough Law is blind, some judges are not blind. Judges are also coming from similar families like ours, and are not orphans like James Bond 007.

3.30 pm of 15-9-12


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