Community › Forums › Legal Advice India › Can a father disown his son and give everything to daughter?
- This topic has 46 replies, 32 voices, and was last updated 1 year, 5 months ago by
User_d675f4b0.
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UUser_70320da5
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January 15, 2025 at 1:02 pmRecently a friend of mine married outside his caste in court and now parents are not accepting this marriage. His father said he will disown his son and daughter in law , remove them from the house and later give everything to his daughter.What are the odds he can claim back the property?
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FFierceanirudh9723
PARTICIPANT
January 15, 2025 at 1:16 pmIf itβs fatherβs self acquired property he can do whatever he wants. -
BBrightsanay2553
PARTICIPANT
January 15, 2025 at 1:19 pmYes if it’s not ancestral … -
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 1:21 pmWelcome to the love of parents for their daughters.He can do nothing except refuse to take care of them in their old age.
If Hindu he can tell them, he won’t perform their last rite but he will be present at their funeral. This would ensure they would be damned to hell for ever and no amount of good deeds they have done in their life would matter at all.
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UUser_1c4fa0b9
PARTICIPANT
January 15, 2025 at 3:29 pmYour last point is completely false-
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 3:31 pmHow does it matter. It works-
UUser_1c4fa0b9
PARTICIPANT
January 15, 2025 at 3:52 pmNope it will just worsen the situation.-
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 3:58 pmYeah it does in the short run. In the long run everything gets fixed.Everyone is afraid of getting damned to hell for eternity, that fear is stronger than anything else. And it does work.
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UUser_d5b89d73
PARTICIPANT
January 15, 2025 at 1:25 pmThe son has a chance if the father dies without a will, then the father’s assets will be divided among him and his sister as per hindu succession actBut if there is a will the son can contest it —
—though the son will have to prove the sameCommon reasons to contest a will include
lack of testamentary capacity (the person wasn’t mentally capable to make the will),
undue influence [someone pressured the testator (the father)],
or improper execution (the will wasnβt signed or witnessed correctly)
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BBraveanvi8270
PARTICIPANT
January 15, 2025 at 1:39 pmFatherβs desire should be respected by son and stay away from contesting will or fighting with his sister in court.-
UUser_d5b89d73
PARTICIPANT
January 15, 2025 at 1:48 pmOf course, i agree with you.I only wanted to answer OPs question
It all depends on son’s moral judgement if he is willing to fight a case about a property his father didn’t want to give him
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SSilentninja9967
PARTICIPANT
January 15, 2025 at 2:10 pmFather clearly doesn’t give a fuck about the son tho. He didn’t respect his wishes. If his caste is so important that he’ll disown his own son whom he raised, then the son has no reason to respect his wishes.And it’s not like the caste ended with him. The son’s children will belong to the caste of the father.
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BBraveanvi8270
PARTICIPANT
January 15, 2025 at 2:27 pmFather choosing whom to give his self acquired wealth should NOT be a reason for son to be vengeful and follow your advice.He can give 100% to charity if he wishes and son should not a problem unless son is good for nothing and canβt stand in his life without father giving handout during his life and fathers wealth is only money son ever going to own.
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SSilentninja9967
PARTICIPANT
January 15, 2025 at 2:28 pmI’m stressing more on the disowned part than the no inheritance part. It’s the disowning part which boils my blood.
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UUser_6d00a591
PARTICIPANT
January 15, 2025 at 2:17 pmThatβs odd. I could swear this was a legal advice sub and not a how-to-be-a-good-son sub.-
BBraveanvi8270
PARTICIPANT
January 15, 2025 at 2:24 pmLegal doesnβt mean go as per law all the time. You need to look at what is right for involved parties and they are willing to fight in court of law regardless of moral and ethical standing.-
UUser_c3b4e201
PARTICIPANT
January 15, 2025 at 5:47 pmLegal does actually mean going as per law. Looking at what is right is actually ‘morals’. And speaking of morals, I hope he contests for the house because his dad wasn’t really being ‘moral’ in supporting him marry the person he loves. -
FFiercefox1271
PARTICIPANT
January 16, 2025 at 4:34 amBrother look up legal in dictionary if possible .
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UUser_70320da5
OP
January 15, 2025 at 1:38 pmThank you everyone for the answers. -
IIndiandude2263
PARTICIPANT
January 15, 2025 at 1:57 pmAsk father to do ot in court so son cant challenge later . Son only can claim in ancestral property -
MMegautkarsh6607
PARTICIPANT
January 15, 2025 at 2:00 pmNAL. His father can do whatever with his self acquired property. Your friend would still be legally able to claim from any ancestral property.If his father dies without any will, your friend would be able to claim his share. His father would have to get a will made or transfer his property to his daughter before he passes away for his threat to be effective.
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UUser_b3628b59
PARTICIPANT
January 15, 2025 at 2:58 pmWhat if the father has settlement deed?-
MMegautkarsh6607
PARTICIPANT
January 15, 2025 at 4:04 pmNAL. But as I was told once, settlement deeds can be challenged easily. Best is to get property registered accordingly to further avoid troubles. -
MMegautkarsh6607
PARTICIPANT
January 15, 2025 at 4:04 pmNAL. But as I was told once, settlement deeds can be challenged easily. Best is to get property registered accordingly to further avoid troubles.
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UUser_f64a3060
PARTICIPANT
January 15, 2025 at 2:12 pmIf the property is solely in father’s name he can do whatever he wants to -
UUser_18e2695e
PARTICIPANT
January 15, 2025 at 2:16 pmIt should be allowed…..idk legal aspects of it but a person should be allowed to transfer there properties to anyone they wish. And I really appreciate your father’s stand here.-
IIndiansatyendra1489
PARTICIPANT
January 15, 2025 at 3:14 pmNothing to appreciate here.
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NNancyninja387
PARTICIPANT
January 15, 2025 at 2:25 pmIf self acquired, you can’t do much except litigation with your sister after his death.However, I will say this, today they are angry, you did something that you wanted and he is saying he will do something in response. People are know to come around, so instead of looking for options to claim property, I would suggest find ways to claim your parents back.
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IIndiansatyendra1489
PARTICIPANT
January 15, 2025 at 3:09 pmMission impossible with Indian parents and their ego. Iβm a parent myself and would definitely not want to go down their line of thinking.-
NNancyninja387
PARTICIPANT
January 15, 2025 at 4:35 pmMy experience is different, as parents get older, viewpoints change, especially when anger subsides and they start missing the child they raised and even more the grandkids.I prey OP’s parents forgive him eventually, and they are able to get back.
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IIndiansatyendra1489
PARTICIPANT
January 15, 2025 at 4:52 pmAgree if the kid stay away from the parent. The moment they again stay together itβs the same story all over again. The pattens brain learns early is hardcoded and never goes away. You canβt change them. Exceptions might exist but that is not the point.
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CCalmravi810
PARTICIPANT
January 15, 2025 at 2:25 pmWhy does your friend want the property? Canβt he build everything own his own? -
UUser_44aeded4
PARTICIPANT
January 15, 2025 at 2:36 pmIf it’s grandfather’s property given to the father, then he cannot remove his son. Basically, be nice to your grandparents. -
CCoolknight1377
PARTICIPANT
January 15, 2025 at 2:44 pmIn India a father cannot disown his children so easily. It can only be down under a few specific reasons like Murder etc.Marriage outside the caste will not stand as a reason to disown in a court of law.
However, that does not stop a parent from severing contact.
Disinherit is a different matter. Still needs a proper and registered will.
However it cannot apply to ancestral property.
Instead of fighting, a slow and steady rapprochement over the years is a better approach. Especially after tempers have cooled down.
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UUser_14cb5412
PARTICIPANT
January 15, 2025 at 3:21 pmWhy r they relying on father’s property…build own,its upto individual to whom they’ll include in will… -
AAdityarider325
PARTICIPANT
January 15, 2025 at 3:22 pmalways a friend -
UUser_d835dde5
PARTICIPANT
January 15, 2025 at 3:33 pmNice try Son -
UUser_ceab2245
PARTICIPANT
January 15, 2025 at 4:34 pmIf your friend can make those decision, I am sure he can also earn -
UUser_b2c2ae96
PARTICIPANT
January 15, 2025 at 6:47 pmHindu succession law won’t allow it if it’s ancestral property. However, getting a favourable judgement from the court is another thing and then executing the judgement is whole lot of another thing. -
UUser_7a822384
PARTICIPANT
January 15, 2025 at 8:43 pmStuck in same exact situation. -
UUser_9c0bb573
PARTICIPANT
January 16, 2025 at 1:47 amI think everyone is forgetting about the mother,if the father dies without a will and the property is self-acquired then the mother will be the inheritor, right?.
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SShravyaowl724
PARTICIPANT
January 16, 2025 at 3:12 amHe can challenge the order after father dies. -
SShravyaowl724
PARTICIPANT
January 16, 2025 at 3:13 amThen he’ll probably win. -
VVivekguru848
PARTICIPANT
January 16, 2025 at 9:06 amhe & wife should quickly make a baby.father will melt once he hears cries/laughter of grandkid.
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IIndianhero7294
PARTICIPANT
January 16, 2025 at 9:27 pmNot while he is living he can draw up a will and say tht after my death my son shall have nothing to do with my properties and i give them to my daughter-
IIndianhero7294
PARTICIPANT
January 16, 2025 at 9:27 pmLawyer this side
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SSwiftbro6724
PARTICIPANT
January 16, 2025 at 10:58 pmWhy did you think he has a claim by default just because heβs the son? If itβs not ancestral property, he has no claim on it if his father has gifted it completely to daughter.
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