Disowning
Mohan R
(Querist) 12 February 2012
This query is : Resolved
Dear Experts,
What will be the legal position here:-
My son, is having a high source of independent income and staying in another city . I want to disown him because of some great temperamental differences. Can he still visit my home in which my very very very old mother has still got life interest after whom iam the owner. My very very old mother bcos of her old age still wants him to visit her.
Respectfully yours
Devajyoti Barman
(Expert) 12 February 2012
You can not disentitile your son from laying his claim in your ancestral property.
V R SHROFF
(Expert) 12 February 2012
ANCESTRAL PROPERTY RIGHT CANNOT BE DISOWNED BY YOU. SON HAVE RIGHT.
Adv.R.P.Chugh
(Expert) 12 February 2012
Incomplete question - please elaborate How did your mother get the life interest ? and why do you it is to vest in you after that ? Is that scheme as per a will
Mohan R
(Querist) 12 February 2012
Yes, there is a registered will from my late father which states that mother has life interest after which it devolves upon.
Thnx
Mohan R
(Querist) 12 February 2012
I mean after my mother, the title devolves upon me. Sorry one word 'me'was left out.
Thnx
Raj Kumar Makkad
(Expert) 13 February 2012
You cannot restrict him to visit his grand mother in the light of given facts. As on day, your mother is owner of house and she also wants her grand son to come and visit her so you cannot legally restrict his visits.
Deepak Nair
(Expert) 13 February 2012
I agree with the common opinion above. You cannot disown your son from the ancestral property.
Shashikant V. Patil
(Expert) 14 February 2012
You cannot break the hirarchy in respect of ancestral property except self-acquired property at your own. Your son is legally entitle the share which you inherit from your mother.
M V Gupta
(Expert) 14 February 2012
Property acquired by a person under a Will, will be regarded as self acquisition. ur mother as life estate holder does not have right of disposition or sale so as to deprive u of your right to succeed as absolute owner. Hence if u wish that ur son should not get any rights in the property, you may consider executing a will bequeathing the property to any of ur other blood relations or others.
A. A. JOSE
(Expert) 15 February 2012
I agree with the views expressed by Shri M.V. Gupta ji.
malipeddi jaggarao
(Expert) 20 February 2012
You can not stop your son to visit his grandmother. She can not alienate the property to anybody as she has only life estate holder. That is the present position.
Later, after her, you will become absolute owner of the property and as it is property bequeathed by will, it is your self-acquired property. Your son does not have any claim on it during your life time and you can deal with the property as you deem fit. But do not deprive your mother, the love of her grand son.
Guest
(Expert) 20 February 2012
Reapeated partial query, as already replied. Probably the querist want false satisfaction with some twisted replies keeping aside the provisions of law.
You can disown your son, but you cannot avoid him to visit his grand mother until you become the absolute owner of the property.
