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(Guest)

disowned son

Can a disowned son claim on his parents(alive) self acquired  property ...His disownment was done legally few years ago and after that he got married and is his wife entitled to some share on her inlaws property.How can we save ourselves from the civil suits he is filing on us regarding the property share??Plz help..



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 7 Replies

sumana (practice)     16 March 2011

there is no such word as "disowned" inthe Hindu Law. So the theory of disownment of the son does not make any meaning. But regarding the property, you have mentioned that the property is not ancestral, its self accquired y your parents, so as long as they are alive, you can not claim any share of it. You have to wait untill their death, and then you can be a legal heir to get that property ( if in between they are not making any will or gift or any kind of transfer to any third party, which they can do ).

sumana (practice)     16 March 2011

if in between they are not making any will or gift or any kind of transfer to any third party, which they can do  then you are not getting any thing  of the said property.

In any case can you elaborate how the disownement has been done legally ?

sumana (practice)     16 March 2011

if in between they are not making any will or gift or any kind of transfer to any third party, which they can do  then you are not getting any thing  of the said property.

In any case can you elaborate how the disownement has been done legally ?


(Guest)

by legally i meant that it was advertised on newspaper by me(father),on the affidavit- stating that he is out of our control due to his bad habits so he is disowned from my movable and immovable properties...cash.....everything..But still he has filed civil suit on my residential house stating he is the only son.I have a daughter too and we dont want to give anything to him.he also filed a civil suit on the shop which i have been operating for more than 20 yrs stating that it is his grandfather's.But we have all the proof..How can we stop him from doing that..

sumana (practice)     17 March 2011

That civil suit which he filed on the residential house will not stand if the residential house is purely constructed by you only not by your father. This will mean that the propert is your self acquired, you have not inherited from your father so as per law the suit will not stand. Regarding your daughter, it seems you want to give her your properties. In that case be cautious. You can make a registered will in her name. If your daughter is the only person who is looking after you in your old age, then according to me she desrve the property solely. Plz remember if the property (shop + house) which you are talking of is you hard earned and self acquired, PROPERTY then no suit will stand against you. You are the sole decison maker. DONT WORRY.

sumana (practice)     17 March 2011

You can file a criminal case against him about harrasment of senior citizens, but this will bring a lot of trouble to you and your family since he is your son. its better you consult a lawyer and file a written statement stating that you do not recognise him as your son due to his past misdeeds and the property he is talikng of is your self acquired propery not a inherited one so he has got no right in it. If you can adduce proper evidence to corroborate the facts then you are going to win the case and decree will be helpful to you and your daughter in future, because you never know what will happen in future.

Vikram Gujral (vg)     01 April 2013

Is there any judgement that the disowned son has no share in mother's self acquired property


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