Disowing an adult unmarried daughter
ashok verma
(Querist) 12 June 2012
This query is : Resolved
Suggestion needed on possible legal remedies! The daughter is torturing, pressuring while being at home so that parents give her 10 lakh rupees amount and leave. She never listens to parents, talk to multiple guys late night, will go and come as per her convenience and do torturous thing at home for all family members. When her brother tried to stop her once, she called police saying that brother tried to killed him. There is no denying that she might arrange some goons to get beaten and then blame it on brother to get arrested. She has failed in class 12th 8 times and is a complete failure and criminal. The parents are completely helpless once the brother leave for job as they will be left with a younger daughter in class 8th and this girl. So they want to have some legal full proof solution as soon as possible.
Can they disown her from every property so that they may threaten her to be in line by showing that she has no right and she is living on their mercy at this home. By disowing, she cannot also call police to claim how her parents are torturing her from her righteous claims. Also after disowing if she does any material damage to house, she can be dealt more strictly. Even though father self earned property is almost zero, whole of grand father property has the name of their sons only i.e. four brothers and none of the grand childrens. Please suggest the best possible legal remedy. She has to be dealt legally as she has crossed all limits and is seeing her parents only as cash cow.
ajay sethi
(Expert) 12 June 2012
yes parents can disinherit the daughter .release it in newspapers that you have disowned your daughter .
Deepak Nair
(Expert) 12 June 2012
First you lodge a complaint with the police and then disown her as advised by Mr.Ajay Sethi.
adv. rajeev ( rajoo )
(Expert) 12 June 2012
But you cannot take away the rights of her in the ancestral property.
ashok verma
(Querist) 13 June 2012
Thanks for your reply ajay ji, deepak ji and rajeev ji. Can you please shed some light on the term 'ancestral' property, Mr. Rajeev?
As i've written in my query all the property of my grandfather is in the name of four brothers and doesnt have name of any of the grandchildrens. So if my grandfather left his property to his sons legally in their names, my understanding is its their property now and they are free to decide its beneficiary as they deem fit!
ajay sethi
(Expert) 13 June 2012
was it self acquired property of grand father ?. then it wont be ancestral . if on other hand your grand father inherited the property from his ancestors then it would be ancestral
ashok verma
(Querist) 13 June 2012
Yes it is self acquired. So will disowning her stops the mental harassment done by the police as all ties have been broken from her by the parents and she has no legal right over anything? Currently she has moved to police station two times over trivial issue of not allowing her to watch tv! Police has called the brother thana two times and told that if brother didnt stop interferring with her at home, they will lodge a complaint against him and throw him in jail. I fail to understand what possible charges can they levy against brother to throw him in jail if hasn't even touched her physically,lest be assault! We currently live under pressure and fear 24 x 7 as police threatens to throw brother in jail! By disowning her completely, we hope to achieve to say to the police she doesn't have any right over tv or home or anything, there cant be any possible exploitation and we are not accountable to come to thana everytime they want us to come to harass us. Sir please help. We cant live like this under dabangai of one person where police threaten to jail brother if he interfere with sister when she is torturing mother mentally in various ways. Thanks for your earlier replies Sir.
SAINATH DEVALLA
(Expert) 14 June 2012
Actually she belongs to the fourth generation as far as the property is concerned.Whether self acquired by the grandfather or not,she becomes eligible for a share in the ancestral property,out of the share secured by her father.
Well,comming to the point of disowning a grown up daughter,her acts have to be condemned.No household will tolerate such things either by the son or the daughter.Even if she is given her share and sent out,I am 100% sure that she would come back after exausting everything .Marriage no use,she cannot withstand even fora short period.As a last resort,ask her mother to lodge a police complaint about her behaviour and the torture they are facing.
ashok verma
(Querist) 14 June 2012
Thanks Sainath ji for your reply. As per this thread, http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=19882 if my grand father didnt acquired property from my great grand father, which indeed is the case, my father is absolutely free to give or not give any share as long as he is alive. So correct me if I am wrong?
Another thing about lodging complaint with police of torture etc she can counter file complain like discrimination, torture etc at home and can throw brother,mother or father in jail. To avoid such counter issues in first place, we first plan to severe the ties completely and disown her so that even if she files complains like discrimination or torture etc we can easily show we have severed all ties and are not at all responsible for her in any way. In short, to avoid any prima facie case. Please expert community, reply if we're right. This modern age daughter is threatening us 24 x 7 with police and we just want peaceful life. Please help!
Shonee Kapoor
(Expert) 19 June 2012
Disinheriting by way of newspaper doesnot limit her powers to claim the property in the event of person dying intestate. Your parents would need to make a will excluding her from the properties.
No such exclusion would work w.r.t. the ancestral properties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 29 August 2012
property left by your grand father was not ancestral for your father but ancestral for future generations.
