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Akshay (Engineer)     27 August 2014

Disown

Sir,

Please let me know that when a father (who has a self acquired property) gives an advertisement of disowning his son and daughter-in-law in a local newspaper without telling them or giving any legal notice. And still after giving that notice, he lived with his wife, the said son, daughter-in-law and grandson without telling them anything about it.

After 4-5 years of giving this notice, the father dies (please be noted that he was staying with his son and his family till the last breath but never mentioned that he had disowned him 5 years back) testate and gives all legal rights to the mother (that means ownership of property and movable assets) if he predeceases his wife which is the case. 

Now the question is can the mother give any share to her son (who was disowned by the father) from this property (movable and immovable)??

And if the mother passes away intestate  then does that son have any legal right to stake claim in the said property?? 



 1 Replies

Tajobsindia (Senior Partner )     27 August 2014

1. Mother can give share to son (even in reference to earlier advertisement read with subsequent development).

2. In my opinion in interstate stage prima facie the plea has no force in the eyes of law (even in reference to earlier advertisement read with most recent development i.e. mother’s death).
Reasoning: S. 8 of the Hindu Succession Act (The Act hereinafter), provides that the property of a male Hindu dying intestate shall devolve first upon his class I legal heirs. The provision does not exclude a legal heir who has been disinherited by the Hindu dying intestate. The only exceptions I can find to S. 8 of HSA are S. 25 and S. 26 of the said Act. S. 25 disqualify a person who commits murder or abets the commission of murder from inheriting the property. S. 26 of the Act provides that a person who has ceased to be or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.


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