Legal Enquiry Regarding Disowning My Son
14-Aug-2024 (In Family Law)
1. Can I legally disown my son due to ill-treatment since 2022? What is the process for this?
2. My son married in June 2021, & soon after, discord & humiliation began. I installed a camera to document this & sent a notice for them to live separately & provide maintenance. They refused, & my DIL filed a domestic violence case.
3. I filed a case under the Senior Citizen Act. Both cases are ongoing, but there are delays, & I urgently need to know if disowning is an option & the steps involved.
Yes you can disown your son by filing an affidavit in the court. But in that case you will not get any compensation from your son because then he is not your son. If your DIL has filed a DV case then in that case even that will be disposed off because DV does not apply to any person who is not related to you
In case of a self acquired property it is your discretion as to who will inherit your property after your death. You can make a WILL accordingly. In case you die intestate your son can always claim his share in the same. If you don't want your self acquired property to go in the hands of your son after your demise and you also don't have any other legal heir it is always advisable that you make a WILL specifically stating therein that after your demise and also that of your wife the concerned property shall go to a particular trust. In case of a joint family property your son always gets a birth right in the same and he cannot be disinherited from claiming his respective share in the joint family property. However in such cases his share is limited to the extent of your share in the said property.
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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