Disowned son 's share
Father & Mother had disowned their son through approved Newpaper Publications five years ago because of stained relations/ XYZ reasons. Now the mother dies intestate that is without a WILL
It's settled law what all say Ungrateful children can't succeed parents property.
The question of law arises: Can the said disowned son claim his share in his mother's self acquired property after her death? Will he still be assumed as legal heir?
There is no direct authority in this matter. What inference can be drawn by Court in this matter?. Please advise more
It's settled law what all say Ungrateful children can't succeed parents property.
The question of law arises: Can the said disowned son claim his share in his mother's self acquired property after her death? Will he still be assumed as legal heir?
There is no direct authority in this matter. What inference can be drawn by Court in this matter?. Please advise more
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Normally, if the property is self acquired then the sons & daughters can be debarred from the succession otherwise they are entitled for their share if the property is not acquired by own means. Further as I understand for claiming under succession act the property should have passed through minimum three or five generations. (I'm not sure about the period) more
May 01
It all depends upon the objectivity of disowning the children. Otherwise also it is the right of the parent to whomsoever they would like their property to be inherited. Just by giving a notice in the newspaper the son is not disowned as the same is with the limited purpose to be meted. In case there is no will of the deceased to transfer the rights of the property to the children, he would be able to make a claim through court proceedings. The veracity of the public notice also need to be established. Someone else might have given a small notice in a newspaper for some oblique motives. I agree to the views of Dr. Neelam Nath that may be the notice for naming and shaming might have been issued and may be possible with some other purpose. more
May 01
