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Solution required to over rule Public Notice to Debarred Son by Father


17-Dec-2023 (In Family Law)
How to overrule or have a solution to be safe from a Public Notice published by a father to debarred a son from the immovable property. How can a son protect himself from the action taken by father and is not forced to vacate the premises in which he is living. The property is in the name of the father.
Answers (5)

Answer #1
753 votes
Dear sir

As per law a son has no legal right in the self acquired property of the fTher or the mother and hence the son can live in the property only till the pleasure of the father or mother as the case may be. Still they cannot forcefully dispossess you from the property since it can only be possible by due process of law where you can challenge the said thing on the basis of any oral family settlement or partition by virtue of which you have acquired right in the said property which needs to be backed by evidence and witnesses saying that a family settlement or family partition took place.

Regards
Answer #2
923 votes
Kindly mention all facts relating to your query otherwise it will be very much difficult to provide answer to your question because there are several aspect which may affect answer to your query so kindly mention all facts
Answer #3
943 votes
Preliminary opinion on limited facts: You should firstly try and settle the dispute with father internally if not possible then you have options like:
1. Approaching the court for maintenance from father but for that many details are required to understand your economaical condition, age, your education etc so that you have a case in court.
2. You can even ask a family court for the maintenance depending on your facts and circumstances.
3. Performance of duty as a father if, you are not cabaple enough to make your own living but age, behaviour and education are look into by court.

For a comprehensive opinion i will need details such as:
1. Has the public notice been issued?
2. What time, year and publication were published.
3. Your age, education.
4. Circumstances of such query.
Answer #4
801 votes
Children have no right over the parents' property. In case the property is ancestral, then you can claim your right but from your father, you can not take anything against his wish. Be good to your parents and enjoy the reward, that is the simple formula of reaping out benefits from your parents.
Answer #5
900 votes
First of all u will hv to clarify that whether d property which is alleged in d name of father is a self acquired property of father or d same is aancestral prooerty or it has been purchased from d funds of joint family

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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