disowning


my son is drunker, always vitiate the atmosphere of our house, always creating ruckus in our society and at home, police also intersted in doing anything, how to disown him so that I prevent him to enter in my home ,because my wife is heart pateint and I know she cannot tolerate much what his son is doing everyday in my house, even the neighbours are also very irritated with us of this daily fighting, please show me the legal way so that we can spend rest of our life atleas
t with some peace, as my younger son future will also suffer due to his brother deeds, we have spent lakhs of rupees in detoxification centre but of no use, no he comes home after consuming liquor with full authority and without any hesitation, he has no shame and even now we are also hopeless.we just want to live in peace, I just don't want him to enter in my house.show me the legal way to disowning him
 
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Advocate

There is no such provision in law called as disowning the son by a father .

father can disinherit his son from his self-acquired property only, and not from his ancestral property.

Self-acquired property refers to property that is not inherited but is self-made out of one's own funds and resources.

Thus if it is your own property then you can file a suit for permanent injunction seeking to restrain your son from entering into your house and interfering i your possession  and enjoyment of the same.Besides you can even lodge a criminal complaint against him if he creates nuisance and problems or tortures you either verbally or physically.


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Advocate

Residing in rental or own? if rental then better to vacate and find a new place. If not then no other way than complaint to police

 
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Retired employee.

If the house is inherited, provide his legitimate share through a proper valid deed.  

 
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Disowning a son is not recognised in the Indian legal system but there can be different ways a parent can disown their child. Morally the parents can separate themselves from their son as they are under no legal obligation to live with him. Under the law, the father has the right to disown his son from getting a share in the fathers self-acquired property and there can be no claim from his side. If the house is under the father's name, he can get an injunction order from the court that will prevent him from entering the house for the period mentioned in the order.  

In the case of ancestral property, no one can stop him from claiming his share in the ancestral property. In your case, you can take away his rights from the ancestral property to make him understand or complain to the police in extreme case if the situation goes out of hand. As you have mentioned it created a problem for the neighbours, they can also file complain about nuisance created by your son.  

Best Regards,         

Vasundhara Singh  


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Advocate

Disowning a son or a child is, to my knowledge,  unknown to law. (However, it is seen that a number of such notices are published in newspapers in and around New Delhi, invariably, through advocates.. Perhaps advocate practising there may be in a position throw better light on the matter)

Anyhow, wife of the querist can seek direction to the son  under Section 19(1)(b) of the DV Act:

19.Residence orders.—

(1) While disposing of an application under sub‑section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.


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Lawyer

Well analysed, explained and advised by experts, I concur and appreciate.

Besides the action of disowning such son from your self-acquired property you can seek a permanent and mandatory injunction restraining him from entering in your house, making any contact with you or other family members.

You can seek services of some nearby NGO functioning for "freedom from intoxicants" or "NASHA MUKTI" as permanent measure to get rid of such an evil of spoiling your name, environment, neighbourhood and adverse impact on the society. 

 
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