Can a father disown his son and give everything to daughter?

Community Forums Legal Advice India Can a father disown his son and give everything to daughter?

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    • #73708 Reply
      User_70320da5
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        User_70320da5
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        January 15, 2025 at 1:02 pm
        Recently 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?

      • #73733 Reply
        Fierceanirudh9723
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          Fierceanirudh9723
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          January 15, 2025 at 1:16 pm
          If it’s father’s self acquired property he can do whatever he wants.

        • #73732 Reply
          Brightsanay2553
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            Brightsanay2553
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            January 15, 2025 at 1:19 pm
            Yes if it’s not ancestral …

          • #73731 Reply
            User_d675f4b0
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              User_d675f4b0
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              January 15, 2025 at 1:21 pm
              Welcome 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.

              • #73739 Reply
                User_1c4fa0b9
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                  User_1c4fa0b9
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                  January 15, 2025 at 3:29 pm
                  Your last point is completely false

                  • #73746 Reply
                    User_d675f4b0
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                      User_d675f4b0
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                      January 15, 2025 at 3:31 pm
                      How does it matter. It works

                      • #73750 Reply
                        User_1c4fa0b9
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                          User_1c4fa0b9
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                          January 15, 2025 at 3:52 pm
                          Nope it will just worsen the situation.

                          • #73754 Reply
                            User_d675f4b0
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                              User_d675f4b0
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                              January 15, 2025 at 3:58 pm
                              Yeah 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.

                    • #73730 Reply
                      User_d5b89d73
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                        User_d5b89d73
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                        January 15, 2025 at 1:25 pm
                        The 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 act

                        But if there is a will the son can contest it —
                        —though the son will have to prove the same

                        Common 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 wasn’t signed or witnessed correctly)

                        • #73738 Reply
                          Braveanvi8270
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                            Braveanvi8270
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                            January 15, 2025 at 1:39 pm
                            Father’s desire should be respected by son and stay away from contesting will or fighting with his sister in court.

                            • #73745 Reply
                              User_d5b89d73
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                                User_d5b89d73
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                                January 15, 2025 at 1:48 pm
                                Of 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

                              • #73744 Reply
                                Silentninja9967
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                                  Silentninja9967
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                                  January 15, 2025 at 2:10 pm
                                  Father 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.

                                  • #73749 Reply
                                    Braveanvi8270
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                                      Braveanvi8270
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                                      January 15, 2025 at 2:27 pm
                                      Father 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 can’t stand in his life without father giving handout during his life and fathers wealth is only money son ever going to own.

                                      • #73753 Reply
                                        Silentninja9967
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                                          Silentninja9967
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                                          January 15, 2025 at 2:28 pm
                                          I’m stressing more on the disowned part than the no inheritance part. It’s the disowning part which boils my blood.

                                    • #73743 Reply
                                      User_6d00a591
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                                        User_6d00a591
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                                        January 15, 2025 at 2:17 pm
                                        That’s odd. I could swear this was a legal advice sub and not a how-to-be-a-good-son sub.

                                        • #73748 Reply
                                          Braveanvi8270
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                                            Braveanvi8270
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                                            January 15, 2025 at 2:24 pm
                                            Legal doesn’t 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.

                                            • #73752 Reply
                                              User_c3b4e201
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                                                User_c3b4e201
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                                                January 15, 2025 at 5:47 pm
                                                Legal 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.

                                              • #73751 Reply
                                                Fiercefox1271
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                                                  Fiercefox1271
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                                                  January 16, 2025 at 4:34 am
                                                  Brother look up legal in dictionary if possible .

                                        • #73729 Reply
                                          User_70320da5
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                                            User_70320da5
                                            OP
                                            January 15, 2025 at 1:38 pm
                                            Thank you everyone for the answers.

                                          • #73728 Reply
                                            Indiandude2263
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                                              Indiandude2263
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                                              January 15, 2025 at 1:57 pm
                                              Ask father to do ot in court so son cant challenge later . Son only can claim in ancestral property

                                            • #73727 Reply
                                              Megautkarsh6607
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                                                Megautkarsh6607
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                                                January 15, 2025 at 2:00 pm
                                                NAL. 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.

                                                • #73737 Reply
                                                  User_b3628b59
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                                                    User_b3628b59
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                                                    January 15, 2025 at 2:58 pm
                                                    What if the father has settlement deed?

                                                    • #73742 Reply
                                                      Megautkarsh6607
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                                                        Megautkarsh6607
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                                                        January 15, 2025 at 4:04 pm
                                                        NAL. But as I was told once, settlement deeds can be challenged easily. Best is to get property registered accordingly to further avoid troubles.

                                                      • #73741 Reply
                                                        Megautkarsh6607
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                                                          Megautkarsh6607
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                                                          January 15, 2025 at 4:04 pm
                                                          NAL. But as I was told once, settlement deeds can be challenged easily. Best is to get property registered accordingly to further avoid troubles.

                                                    • #73726 Reply
                                                      User_f64a3060
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                                                        User_f64a3060
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                                                        January 15, 2025 at 2:12 pm
                                                        If the property is solely in father’s name he can do whatever he wants to

                                                      • #73725 Reply
                                                        User_18e2695e
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                                                          User_18e2695e
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                                                          January 15, 2025 at 2:16 pm
                                                          It 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.

                                                          • #73736 Reply
                                                            Indiansatyendra1489
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                                                              Indiansatyendra1489
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                                                              January 15, 2025 at 3:14 pm
                                                              Nothing to appreciate here.

                                                          • #73724 Reply
                                                            Nancyninja387
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                                                              Nancyninja387
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                                                              January 15, 2025 at 2:25 pm
                                                              If 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.

                                                              • #73735 Reply
                                                                Indiansatyendra1489
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                                                                  Indiansatyendra1489
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                                                                  January 15, 2025 at 3:09 pm
                                                                  Mission impossible with Indian parents and their ego. I’m a parent myself and would definitely not want to go down their line of thinking.

                                                                  • #73740 Reply
                                                                    Nancyninja387
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                                                                      Nancyninja387
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                                                                      January 15, 2025 at 4:35 pm
                                                                      My 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.

                                                                      • #73747 Reply
                                                                        Indiansatyendra1489
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                                                                          Indiansatyendra1489
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                                                                          January 15, 2025 at 4:52 pm
                                                                          Agree if the kid stay away from the parent. The moment they again stay together it’s the same story all over again. The pattens brain learns early is hardcoded and never goes away. You can’t change them. Exceptions might exist but that is not the point.

                                                                  • #73723 Reply
                                                                    Calmravi810
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                                                                      Calmravi810
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                                                                      January 15, 2025 at 2:25 pm
                                                                      Why does your friend want the property? Can’t he build everything own his own?

                                                                    • #73722 Reply
                                                                      User_44aeded4
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                                                                        User_44aeded4
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                                                                        January 15, 2025 at 2:36 pm
                                                                        If it’s grandfather’s property given to the father, then he cannot remove his son. Basically, be nice to your grandparents.

                                                                      • #73721 Reply
                                                                        Coolknight1377
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                                                                          Coolknight1377
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                                                                          January 15, 2025 at 2:44 pm
                                                                          In 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.

                                                                        • #73720 Reply
                                                                          User_14cb5412
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                                                                            User_14cb5412
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                                                                            January 15, 2025 at 3:21 pm
                                                                            Why r they relying on father’s property…build own,its upto individual to whom they’ll include in will…

                                                                          • #73719 Reply
                                                                            Adityarider325
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                                                                              Adityarider325
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                                                                              January 15, 2025 at 3:22 pm
                                                                              always a friend

                                                                            • #73718 Reply
                                                                              User_d835dde5
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                                                                                User_d835dde5
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                                                                                January 15, 2025 at 3:33 pm
                                                                                Nice try Son

                                                                              • #73717 Reply
                                                                                User_ceab2245
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                                                                                  User_ceab2245
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                                                                                  January 15, 2025 at 4:34 pm
                                                                                  If your friend can make those decision, I am sure he can also earn

                                                                                • #73716 Reply
                                                                                  User_b2c2ae96
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                                                                                    User_b2c2ae96
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                                                                                    January 15, 2025 at 6:47 pm
                                                                                    Hindu 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.

                                                                                  • #73715 Reply
                                                                                    User_7a822384
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                                                                                      User_7a822384
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                                                                                      January 15, 2025 at 8:43 pm
                                                                                      Stuck in same exact situation.

                                                                                    • #73714 Reply
                                                                                      User_9c0bb573
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                                                                                        User_9c0bb573
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                                                                                        January 16, 2025 at 1:47 am
                                                                                        I 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?.

                                                                                      • #73713 Reply
                                                                                        Shravyaowl724
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                                                                                          Shravyaowl724
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                                                                                          January 16, 2025 at 3:12 am
                                                                                          He can challenge the order after father dies.

                                                                                        • #73712 Reply
                                                                                          Shravyaowl724
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                                                                                            Shravyaowl724
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                                                                                            January 16, 2025 at 3:13 am
                                                                                            Then he’ll probably win.

                                                                                          • #73711 Reply
                                                                                            Vivekguru848
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                                                                                              Vivekguru848
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                                                                                              January 16, 2025 at 9:06 am
                                                                                              he & wife should quickly make a baby.

                                                                                              father will melt once he hears cries/laughter of grandkid.

                                                                                            • #73710 Reply
                                                                                              Indianhero7294
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                                                                                                Indianhero7294
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                                                                                                January 16, 2025 at 9:27 pm
                                                                                                Not 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

                                                                                                • #73734 Reply
                                                                                                  Indianhero7294
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                                                                                                    Indianhero7294
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                                                                                                    January 16, 2025 at 9:27 pm
                                                                                                    Lawyer this side

                                                                                                • #73709 Reply
                                                                                                  Swiftbro6724
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                                                                                                    Swiftbro6724
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                                                                                                    January 16, 2025 at 10:58 pm
                                                                                                    Why did you think he has a claim by default just because he’s the son? If it’s not ancestral property, he has no claim on it if his father has gifted it completely to daughter.

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