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Can i ask share in my father's property? Procedure to disown a son?


23-May-2023 (In Property Law)

Can my father disown me by simply giving an ad in the newspaper or will he have to go to the Court? I am afraid he might ask me to leave his home (in his name only but bought jointly by him and mom) by giving an ad and calling the Police.

 

Also can I claim my stake in the house if I can prove my mom paid for it also (she passed away a few years ago).

 

Answers (1)

Answer #1
358 votes

Your father can disown you by publishing the ad in any two national news papers, one in English and another in Hindi or a news paper in any other regional language. He may also file a suit seeking decree that he has broken all ties, including the blood relations and has also debarred you from inheriting all movable and immovable properties. 

However, if the property is a self acquired property of your father, then he can execute a Will in favor of anyone else and may not need to file a suit.

With respect to your second query, if your mother and father were the owner of the property and your mother died without a Will, under such circumstances your father automatically becomes the owner of the property. Therefore, it becomes the self acquired of your father and he can dispose of his property in any manner he desires.

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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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