Disown wife and son
Dharmaraj
(Querist) 10 June 2015
This query is : Resolved
Dear Sirs
I am into domestic issues with my wife and I want to safeguard myself against the succession she might get in case i were to buy any property one suggestion as adviced to me is to disown her legally and for that there is a legal process of advertising in two national newspaper and way forward however my question is that my wife is hindu and I am christian and our marriage is registed in Special Marriage Act
please suggest a way out
J K Agrawal
(Expert) 10 June 2015
You are specially married so law also special.The advice with you may be a smart way but does not have legal force.
Do not be worried, in case of special marriage (or even in others) wife has no right in property earned by husband. Her right is limited up to her maintenance. The same position is for sons and daughters.
Advocate M.Bhadra
(Expert) 10 June 2015
Being a Hindu then your successors shall be govern as per Hindu Succession Act. Christian community succession governs as per Indian Succession Act as similar to Hindu Succession Act.
During your life time your wife or son can not claim your property. But if you died intestate(without left a will)and leaving your property in your own name then she would claim proportionate share with your son or daughter if any.
Kumar Doab
(Expert) 10 June 2015
Dispose the property and enjoy the proceeds.
Gift/sell/WILL or do anything as it pleases to you.................if the property is self acquired.
Dr J C Vashista
(Expert) 11 June 2015
1. I agree with the expert advise of Mr. Kumar Doab, dispose of the self-acquired property.
2. How can you disown your wife, even if you were married under the provisions of SMA?
3. You will agree that the connotation of "disown" and "divorce" have a different meaning and its applicability.
4. Consult a local prudent lawyer and proceed as advised.
Rajendra K Goyal
(Expert) 11 June 2015
You can gift / sale/ mortgage / bequeath your self acquired property during your lifetime.
Disown has no legal effect on inheritance, divorce decree is required.
SAINATH DEVALLA
(Expert) 11 June 2015
How do U propose to disown UR legally married wife? How do U wish to disown the son born to U?
The experts have adviced U well regarding the property,but I feel the issue is something different.
