Legal procedure to brek tie
Avishek
(Querist) 10 July 2014
This query is : Resolved
i want to know from the esteemed expert regarding an issue relating to one of my client, being the father of an errant son and want a solution . The father has been facing torture by his well-to-do son from a considerable time and being disgusted with the behavior of his son, he now takes a decision that he will make a declaration snapping all his relationship with his errant son .He also want that such declaration should have a lawful effect so that the father can say by means of that declaration that he (the errant son ) is no more his son from the date of declaration.
now my query before the expert is
1. whether the father can make such declaration by way of an affidavit before the lD. judicial magistrate?
2. if so what will be its effect in law especially with regard to the movable and immovable property of the father?
3 Whether the father can debar the son from inheriting the movable and immovable property of his title on the basis of such declaration on affidavit before the Ld. judicial magistrate?
Devajyoti Barman
(Expert) 10 July 2014
1. Yes, but it has no impact on legal status f the son.
2. The son will continue to be the co-sharer of the ancestral property of the father .
3. Yes but only in respect of his self-acquired property but for this he needs to execute Will not an affidavit on the line you have proposed.
ajay sethi
(Expert) 11 July 2014
let father make a will and bequeath his self acquired property to whomsoever he so desires .
in will father can give reasons as to why he does not want to give any share in property to his son
T. Kalaiselvan, Advocate
(Expert) 12 July 2014
Rightly opine by learned experts above. The father denounce his son and their relationship forthwith by a declaration/public notice in a local leading newspaper, subsequently he can either transfer his self acquired properties in favor of any one by settlement or gift deed, alternately, he can even bequeath his properties to anyone of his choice by executing a Will. This will be best option that can be followed.
