disowning from dead mothers property by father to get re marry

665 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

537 votes

Since your mother died intestate (without a will), her property will devolve equally upon her Class-I legal heirs, i.e., your father, you, and your brother, and each of you will have an equal share in the property. Your father cannot legally “disown” you from your mother’s self-acquired property, nor can he compel you to sign any relinquishment or transfer deed without your free consent. Do not sign any documents under pressure. You may issue a legal notice asserting your share and, if there is apprehension that he may transfer or create third-party rights in the property, you can file a suit for partition and seek an injunction restraining him from selling or alienating the property. His proposed remarriage does not extinguish your legal share in your mother’s property. It is advisable to act promptly to protect your rights.

Advocate Sumegh Garg LawRato

805 votes

Fight the case. If it’s a succession case, make your point before the court. If not, file a succession case and get the property distributed equally. Even if your father disowns you after your mother’s demise, he cannot take away your share of the property.

Advocate Arvind Yadav LawRato

637 votes

Since the property stood in the exclusive name of your deceased mother and she died intestate, succession will open as per the Hindu Succession Act, 1956. In such circumstances, Class-I legal heirs — namely husband, son and daughter — inherit simultaneously and equally. Your father does not become absolute owner merely by being husband, nor can he legally compel you to execute any relinquishment deed. Any document obtained by coercion, pressure or misrepresentation is voidable in law and can be challenged before the Civil Court. You should immediately file a suit for declaration and permanent injunction seeking protection of your 1/3rd undivided share and restraining your father from alienating, transferring or creating third-party rights in the property. Along with the suit, move an application for ad-interim injunction under Order 39 Rules 1 & 2 CPC so that the Court restrains any sale during pendency of proceedings. You may also lodge a police complaint if threats or force are being used for signatures. Further, even remarriage of your father does not divest your vested share in inherited property. Until lawful partition takes place, the property remains joint and no co-sharer can dispose of the entire property. Hence, immediate civil injunction is the proper and efficacious remedy to safeguard your rights.

Advocate Neha Gupta LawRato

556 votes

Under the Hindu Succession Act, 1956, a child has clear and equal legal rights to her mother's property when the mother dies without a will (intestate). Your father cannot legally disown you from property that was in your mother's name, as you are a Class I legal heir In your case, since there are three members—your brother, your father, and yourself—the property must be divided into three equal shares (1/3 each). Your marital status or your father's disapproval of your marriage does not affect your right to this inheritance

Advocate Arun LawRato