Can Parents Disinherit to their son from Property
Querist :
Anonymous
(Querist) 02 July 2018
This query is : Resolved
Hi Experts,
Going anonymous for obvious reasons.
My Parents have two sons and two daughters. I, Mohan is younger son and sohan is elder son. My elder brother, sohan got married in May 2013 and he has two children. My elder brother and his wife always quarrels with my parents and my parents are not able to live peacefully. I do job in another city far away from my parents and I am unmarried. My father also do job in different city around 100 KMS away from our home town where my brother and his wife resides.
Whenever my parents go to village, my elder brother and his wife quarrels with with my parents. Also, they threatening my parents to kill.
In our village, On our ancestor land we have constructed a residential house. In which, Me(mohan) and my father has contributed only. My elder brother has not contributed any single penny.
So, my question is "can my father Disinherit his elder son from the residential house which has been constructed by my father but on ancestrial land" ?
Also, last year, my father had a minor attack, due to this attack, his mental condition is not stable. So, in this case, "can my mother exercise her rights and Disinherit my elder brother from residential house which has been built on ancestrial land".
Thanks in Advance
Vijay Raj Mahajan
(Expert) 02 July 2018
No, the elder brother has right in the ancestral or copacenary property by birth and even if your father disinherit him from the property that will not affect his right to claim his share in that ancestral property.
Yes father can disinherit him only from his self acquired or owned property.
Querist :
Anonymous
(Querist) 02 July 2018
Thanks Vijay.
But the issue here is that father is constructed the house but the land on which house has been constructed is ancestral land.
Vijay Raj Mahajan
(Expert) 02 July 2018
That complete property, land as well house will be considered as ancestral, the money poured in the ancestral wealth become part of the Hindu Copacenary or Ancestral property this is based on the Principle of Hindu Law.
Vijay Raj Mahajan
(Expert) 02 July 2018
I know you will not agree with me and find "N" number of advocates for seeking legal opinion and will find someone to fight out the case in court in your favor, but unfortunately what will be outcome of the case I have told you, whether agree or not.
Asgher Mahdi
(Expert) 02 July 2018
As per Mohammedan Law, the father head of the family may upon certain grave restrictions that are exceptional may not only disinherit but also disown his own blood related son/s or daughter/s as if he or she are not his won son or daughter by pronouncing a word " AQQH " which means he has disowned them. However, such cases are more exceptional and upon very grave situations where the acts of his son or daughter which is very much controversy to his or her father which by with their acts bring bad names in the society and even to disrespect in the society. On such even of father disowning his son or daughter by proncement of such disowning AQQH before witnessed, then his son/s or daughter/s who disowned cannot inherit any rights over moveable or immoveable of the deceased father and even so not allowed performed the last rites.
Sudhir Kumar, Advocate
(Expert) 03 July 2018
You have not stated to which religion you belong.
you have not stated identity
Anyway though your case is sympathetic you have no choice but to give due share to brother.
You and your father built a house but there is apparently no agreement with brother that he will not claim. He still has a stake in the land on which you built house. So he takes share of house as well.
No point wasting money.
