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What is the legal validity of Bedakhali notice
20-Feb-2023 (In Property Law)
What is legal validity of Disownment/Bedakhali notice in newspaper and affidavit mentioning the same? my father has done the same for my elder brother and now after dad has expired ,my brother want his right in the property. legally are those newsclipping and affidavit valid reason to not give him any share in property? my father didnt get anything done besides these two documents (suggested by some advocate). also there is no written will.
Yes it is valid subject to proving the same in accordance with law. You can file suit for declaration that in view of the disowning notice he is not entitled to claim his share in the property of the father. For details and or legal help if you so desire may contact through this website.
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Adv. S P Srivastava
Delhi | 200+ Answers
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What is the Bedakhli procedure?
Bedakhal has the effect of disowning someone from an inheritance. In order to notify the public, a public notice must be published in the local newspaper. Be aware that ancestral property cannot be disowned, but legal heirs may be disowned if the property was acquired by you.
Disowning of his elder son is Legal and valid as you have mentioned.But he is disowned yo the extent of the property self acquired property but he as right over ansestors property.you query it's not clear whether he is claiming rights over ansestors property or self acquired property of your father.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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The documents executed by your father are valid and will be required in your case . With respect to disinheritng your brother , it will depend on the decision of the court and facts and circumstances of the matter
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Adv. Usha Sharma
Delhi | 25+ Answers
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