Neeraj Rai 08 June 2021
T. Kalaiselvan, Advocate (Advocate) 08 June 2021
There is no such provision in law called as disowning the son by a father .
A father can disinherit his son from his self-acquired property only, and not from his ancestral property.
Self-acquired property refers to property that is not inherited but is self-made out of one's own funds and resources.
Thus if it is your own property then you can file a suit for permanent injunction seeking to restrain your son from entering into your house and interfering i your possession and enjoyment of the same.Besides you can even lodge a criminal complaint against him if he creates nuisance and problems or tortures you either verbally or physically.
Sankaranarayanan (Advocate) 08 June 2021
Residing in rental or own? if rental then better to vacate and find a new place. If not then no other way than complaint to police
G.L.N. Prasad (Retired employee.) 08 June 2021
If the house is inherited, provide his legitimate share through a proper valid deed.
Vasundhara Singh (Student) 08 June 2021
Disowning a son is not recognised in the Indian legal system but there can be different ways a parent can disown their child. Morally the parents can separate themselves from their son as they are under no legal obligation to live with him. Under the law, the father has the right to disown his son from getting a share in the fathers self-acquired property and there can be no claim from his side. If the house is under the father's name, he can get an injunction order from the court that will prevent him from entering the house for the period mentioned in the order.
In the case of ancestral property, no one can stop him from claiming his share in the ancestral property. In your case, you can take away his rights from the ancestral property to make him understand or complain to the police in extreme case if the situation goes out of hand. As you have mentioned it created a problem for the neighbours, they can also file complain about nuisance created by your son.
Best Regards,
Vasundhara Singh
P. Venu (Advocate) 08 June 2021
Disowning a son or a child is, to my knowledge, unknown to law. (However, it is seen that a number of such notices are published in newspapers in and around New Delhi, invariably, through advocates.. Perhaps advocate practising there may be in a position throw better light on the matter)
Anyhow, wife of the querist can seek direction to the son under Section 19(1)(b) of the DV Act:
19.Residence orders.—
(1) While disposing of an application under sub‑section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—
(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.
Dr J C Vashista (Advocate) 09 June 2021
Well analysed, explained and advised by experts, I concur and appreciate.
Besides the action of disowning such son from your self-acquired property you can seek a permanent and mandatory injunction restraining him from entering in your house, making any contact with you or other family members.
You can seek services of some nearby NGO functioning for "freedom from intoxicants" or "NASHA MUKTI" as permanent measure to get rid of such an evil of spoiling your name, environment, neighbourhood and adverse impact on the society.