Father extracting money from adult son - can father be legally disowned?
Munjal
(Querist) 24 December 2013
This query is : Resolved
Dear Sir,
I'm 29 years old and my father is a brain tumor patient. He has been mentally harassing my mother and my two sisters since many years. He has sufficient funds to support the house - but he has stopped contributing to our household expenses. He is also not willing to give us any property. On top of that, he keeps demanding a part of my salary for his treatment every month. I don't mind paying for it - but he demands money inspite of having sufficient funds of his own. He isn't earning anything right now - and so I am worried that even if my mother files for divorce and moves in with me, he will demand some kind of maintenance on the grounds that he is a cancer patient and needs money for treatment. Truth is, he has enough property and money of his own. We do not know what to do. The harassment to my mother and sisters is getting out of hand now and he takes away all my savings also. Please suggest the possible courses of action on this. Any help would be appreciated.
ajay sethi
(Expert) 24 December 2013
your father needs counselling . you need to have patience with him . he is insecure of future . he knows he has some property but does not want to dip into his savings . it is his back up in case of emergencies .
after all on account of suffering from cancer he cannot work any more .
ajay sethi
(Expert) 24 December 2013
dont even think of disowning your father . consult a psychiatrist
Munjal
(Querist) 24 December 2013
Dear Sir,
We've tried that. He is so closed to any psychiatric intervention that we're helpless. And we've tried more than one psychiatrist. I understand he doesn't want to dip into his pool of savings - but he actually has enough funds to pay for the treatment and still have surplus in his hands. I was to get married sometime back, but he started eyeing my fiancees money also and irritated the hell out of her. Needless to say, she left. He attempted to throw a sharp object at my sister's head sometime back. Don't know what he was thinking and what he wants. I really just want to know if we can disown him and I do not want to pay him maintenance - because I have no savings of my own...but he has sufficient of his.
Munjal
(Querist) 24 December 2013
Also, his tumor was a benign brain tumor detected in its early stages. It was removed some time back...and he's been responding quite well to post surgical treatment. Doctors day it can recur....but chances are less.
ajay sethi
(Expert) 24 December 2013
just move out of family home . shift to another city .
Munjal
(Querist) 24 December 2013
Thank you very much for your reply, sir.
If I move to another city, can he demand maintenance from me or any share in the new house that I buy? Can he take any money from my future wife? Because I do not want her to be harassed by him. My earlier fiancee was earning quite well and had ancestral property etc - and I don't want him to put claims on her income simply because she is doing well.
ajay sethi
(Expert) 24 December 2013
no he cannot do so . if only father is unable to maintain himself then he can seek maintenance from his son
Munjal
(Querist) 24 December 2013
Thank you so much sir.
ajay sethi
(Expert) 24 December 2013
thanks for your appreciation
Sudhir Kumar, Advocate
(Expert) 24 December 2013
REPEATED
http://www.lawyersclubindia.com/experts/Father-extracting-money-from-adult-son-can-father-be-legally-disowned--443461.asp
Sudhir Kumar, Advocate
(Expert) 24 December 2013
ALSO REPEATED
http://www.lawyersclubindia.com/forum/details.asp?mod_id=94573&offset=1#.Urla5fvQzmk
R.K Nanda
(Expert) 25 December 2013
fully agree with expert ajay sethi.
