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I am disowned, can my son have a share in my father's property?
06-Mar-2023 (In Family Law)
My parents have disowned me legally and do not allow me to enter their home. it is a self acquired property in my mother's name. now I am about to become a father. Will my child have a share in my parent's property and can be enter my parent's home or will he also be automatically be disowned?
Assuming you are Hindus,
As you stated that the property is self acquired, then your parents can dispose off the property as per their wish and your son will be unable to claim share in there grandparent's property.But your son will have share in ancestral property, if there is any.
Well, your child's right entirely depend on the discretion of his grandparents so far as their self acquired property is concerned.
However, so far as the ancestral property is concerned he falls in Class 1 heirs under the Succession Act and can claim his share.
If the house in which your parents are staying in is an ancestral property then he very well has a right to enter and should avail his right, being the grandchild, however, if its your parents self acquired property then his grandparents as per their wish can debar him.
One should however, always make sure that the disownment is valid i.e. the procedure was duly followed and was free from any sort of Undue influence , coercion etc.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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