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devendra (article)     15 July 2014

Query about disinheritance of son

Query About Disinheritance of son

 

Posting through my neighbour's account in this forum

 

I am a 73 year old man living with my 69 year wife . I have 2 sons... i am living with the elder son and i want to disinherit my younger son because of his behaviour and attitute...since 2007 my younger son is living on rent nearby my house and also in 2007 i made a newspaper declaration regarding disheritance of my younger son....now he wants his share of property in my self earned property and ancestral property....

 

i have 3 houses 2 (self earned) and 1 ancestral ....1 week before he tried to enter forcefully in my ancestral house(which is on rent)....

currently he is living in rental house

Now my query is

1) one policemen said in only newspaper declaration is not sufficient for inheritance..? is this true

2) Do my only unmarried grandaughter (youngerson's) can claim in my self earned property any share ?

3) can i make a settlement of my youngerson's share in ancestral property by purchasing another house of his share in ancestral property ?

 

Suggestions are humbly welcomed



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 July 2014

for your 1st question, simply news paper publicaton is not enough. for 2nd question, the grand daughter is not having right to claim since her father is alive. Her father ( that is your younger son) have right to claim on your ancestral property but not on your self earned property. for 3rd querry, You can have settlement deed with your younger son on ancestral property. 

Adv Archana Deshmukh (Practicing Advocate)     15 July 2014

You cannot oust your son from inheriting your property by giving paper notice. You can make a Will to oust him from inheriting your self acquired property. Also you can purchase his share from the ancestral property.

devendra (article)     15 July 2014

thanx for the reply archana mam and rama sir....one more thing ...which type of will is to be made for disinheriting my younger son after this newspaper decleration  and 

 

whether if i purchase a house for my younger son (for his share in ancestral house) and whole ancestral house will remain in my possession  and further this settlement would be later enforceable in law or not 

P.R.KABRA (PROFESSIONAL ACCOUNTANT)     18 July 2014

It will be better course that you first purchase another house in your name and then make a family settlement with younger son by exchanging his right in ancestral property and the purchased house.  In my opinion once you purchase his right in ancestral property you will require to give him the money which he may not invest in purchasing a house for him.


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