Disowning son

Funniest thing is saying "disowned" by both querist and lawyer answering him. First both of you how a person disowned by his/her parents? A person can be disinherited by parents by making Will or Trust of their property/wealth whereby the person is not allowed to get any share or benefit even though he/she is legal heir. And if the Will or any document with regards to disinheritance executed if can be for self acquired or self owned property or wealth not the ancestral or Hindu copacenery property because in that the share of this family member is by his birth and it continues even if his parents disinherite him/her.

What do you mean by this parental property?

The title of the property is in the name of which parent; Mother or Father?

Is the title holder; say father?  

How did the property devolve upon parent (Mother or Father) say by inheritance (from which side; Father, Mother), decree, gift, partition, etc etc?  

What is the nature of the property; self earned/acquired/absolute/ancestral?

What is this property say; immovable e.g; agricultural land, flat in some society, rural, urban…or movable e.g; jewellery etc etc ?

It is in which state?

Which personal law applies in this case say; Hindu or are you all Hindu?

Is mother a senior citizen?

Are you a minor or major?

Are you male or female?

Are you student and unmarried?

If you wish you may post the reason for such step by Mother and the mother is biological, adoptee, step mother…!

The disowning may imply; publication in newspapers etc!

And/or along with disposal of property by a valid/registered deed e.g; WILL, Sale, Gift etc… infavor of someone other than you.

Usually parents do not discriminate children and resort to such steps until or unless there are some compelling reasons!

1st of all try to make with your mother and resolve the situation, amicably. After all you are the son/daugter/child/heir....

Property from mother’s side is not Ancestral!

Ancestral Property: should be four generation old…………..in other words  property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

If the nature of property is ancestral; then mother cannot dispose your share……

If the property/estate is self earned/acquired/absolute in the hands of your biological mother then you (child) have NO forced share in IT.

She can dispose IT in her life time buy  a valid/registered deed, without need of any consent from you.

Regret missed to note 'Son' in title of the query!

Post other details.....

Dear Mr. Anupam Kirti,

From the query, it is clear the parent(s) who owns the property is still alive.

Whether or not the parent threatens to disown the son/daughter, PLEASE TELL EVEN IN LAY MAN'S LANGUAGE WHETHER IT IS POSSIBLE TO FILE SUIT FOR PARTITION?

Seems the Querist is no more interested to get his answer.

IT is upto querist to discuss further....

dear advocates,

thanks for your replies.the said properties are owned by my mother.i have contibuted in these properties as well but my mother is giving these properties to my sisters.how can i save or claim my share.

If your mother is disposing the property in favor of her daughters then it is not necessarily disowning you.

 Disowning may otherwise mean; Bedhakhal…..(बेदखल करना…जायदाद से बेदखल कर देना)…………………which could be extreme step in cas of disputes due to which relations have gone sour to the extent of being irrepaiarable…

If she is the title holder then she can dispose her estate/property in her life time by a valid/registered deed.

Try to convince and win her with love and affection and she may consider giving you a share…………or give you some estate equivalent to your said contribution………………….or give cash.

This can be the easiest recourse.

She may claim that money/contribution that was given was for running the household expenses……other needs.

GO thru;

Central Government Act

The Hindu Succession Act, 1956

14. Property of a female Hindu to be her absolute property.—

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescripttion, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

https://indiankanoon.org/doc/685111/

If you are contemplating some legal action as last thought/recourse  then visit a very able senior LOCAL counsel specializing in civil matters with evidences of your contribution for a considered opinion and hope that some relief from court of law is possible or not!