How can we bedakhal a person?
06-Sep-2023 (In Property Law)
Want is the procedure for bedakhal? Due to his financial liabilities. How can we cancel all connections with him? and not be liable for his act?
The effect of “Bedakhal” is to disown someone from an estate. A public notice is required to be published in local newspapers to inform the public at large of the same. Do take note that a person cannot be disowned from ancestral property, however if your property is self-acquired, legal heirs can be disowned. For this limited purpose, it would be effective to have a registered Will drafted to exclude such persons from your estate as the above described notice can be later challenged on grounds such as that the person was not mentally fit at time of publication of notice or that it was done under undue influence.
Several debt collectors will believe that you are responsible for a debt as a legal heir. Not only does one have to deal with the loss of a person, but at the same time one is constantly harassed by manipulative debt collectors. It is essential to know which liabilities you may be responsible for. Unless you have co-signed a document, you will be rarely responsible for such a debt and it will be the responsibility of the estate. However there are certain exceptions such as for medical debt as they are considered to be under a "falial responsibility". However credit card debts and other unsecured debts are NOT inherited.
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To answer the first part of your question, the effect of “Bedakhal” is to disown someone from an estate. A public notice is required to be published in local newspapers to inform the public at large of the same. Do take note that a person cannot be disowned from ancestral property, however if your property is self-acquired, legal heirs can be disowned. For this limited purpose, it would be effective to have a registered Will drafted to exclude such persons from your estate as the above described notice can be later challenged on grounds such as that the person was not mentally fit at time of publication of notice or that it was done under undue influence.
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