How to disown someone from the property?

Two-thirds of the 22 million civil cases now outstanding in Indian courts included property conflicts, according to a 2016 survey report. Family disputes frequently result in parents disowning their kids. This disowning typically refers to property disinheriting. Although fathers have the right to do so, let's look at some specific instances to see what the law says. 

Each person has full Property ownership rights over any property they have obtained on their own, and their will governs these rights. They have complete discretion over selling or transferring the property and retain the right to do so to any recipient of their choosing. Therefore, a parent can disown such a person from their property if they do not want their property to pass to them after they pass away. As a result, they wouldn't have any stake in the property.

Let us now discuss the most common type of property, which is ancestral property!

The term "ancestral property" refers to assets that have ultimately been given to the father by the family. Property obtained independently and throughout the owner's lifetime is referred to as self-acquired property. Disowning is a relatively straightforward process that can be carried out in various ways.

• Giving a newspaper advertisement: A person may publish an ad in the newspaper for disowning another person's interest in his self-acquired property. The public announcement warned the world that such a person would no longer have a stake in my property. This advertisement acts as a reliable indicator of the advertiser's goals. 
• Executing a will: A person can use a will to exclude someone from his self-acquired property. This will specify how the deceased person's assets will be dispersed following their passing.

He can ensure that the person he wants to disown has no ownership interest in his property by excluding him from his estate while creating a will. Through a civil lawsuit: A person may bring a civil suit in a court of law and name the defendant the person he wishes to have no further claim to his property.

While the processes are ongoing, he has the right to demand that a person sign a statement stating that they have no interest in the person disowning him. To ensure that he would bequeath all of his rights in the self-acquired property of a person, a person can disown a person from his self-acquired property in a variety of methods.

Disowning son from ancestral property

Each son is given an equal and independent interest in the inherited property from birth. Only after the grandfather's property has passed to his father and become ancestral property in his possession can the son claim this equal right with the father. Therefore, disposing of the inherited and newly acquired property is invalid. In other words, a son cannot be denied access to his ancestors' property. It doesn't matter if the father intended to reject his son.

A property can typically be considered ancestral only if the current holder obtained it due to being the original owner's son or descendant. To determine whether a property is or is not ancestral in the hands of a specific person, it is also necessary to consider the mode of transmission. The grandfather's independently acquired property is not subject to a claim from the grandson. The grandson cannot claim the property by claiming it to be an ancestral property if the grandpa executes a gift deed to transfer the property to his son. In this case, the son receives the property not inherently but as a gift from his father. Because it was acquired from the grandfather, the property is no longer considered an ancestral one. 

A son also shares the same rights on the coparcenary property as the father and the ancestral property.

son's right on parent's Self-acquired property 

Yagnavalkya defines self-acquisition as "whatever the coparcener himself acquires without injury to the father's estate as a present from a friend or a gift at marriages, does not apply to the co-heirs. A son would have no legal right to the property if the parents self-purchased it. You can use a will to transfer your property to anybody you like, or you can use a gift deed to give it to anyone.

A son has no legal claim to the property that his parents have purchased on their own, according to a recent Delhi High Court decision by Justice Pratibha Rani, unless he can demonstrate that he helped his parents acquire the property. His parents may permit him to use the land, but they are not required to let him reside there, as held in the case[1]. "Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live there, and he can remain there solely at the mercy of his parents up to the time the parents permit," she continued.

So, in addition to not leaving your son your property, you can also forbid him from relocating to the home you bought for yourself. It should be mentioned that if parents pass away intestate, their son will have inheritance rights to their self-acquired property regardless of how poorly he got along with them, as we are aware that in our traditional Indian family, a son is considered the immediate and most reliable successor of the property. Today, let's see how to disown a sin from the property!

Disowning son from the property 

By giving him a legal notice through a lawyer that you don't want to share your own earned property with him and that's why you won't be a co-owner of my self-acquired property. You can disown (eject) your son from the property that is your own earned property, at which point your part is over. Ask the civil court to issue an eviction order and a temporary injunction against the son's relatives. Following the Delhi High Court, a son and his family are only permitted to live in his parent's home at their mercy.

To evict them and obtain a court order preventing them from entering the property, file a lawsuit in civil court.
Any parent over 60 years old and a senior citizen may submit a claim directly with the Senior Citizen Welfare Maintenance Tribunal to demand maintenance from their son. Tribunal decisions are made quickly, so disputes must be resolved promptly. If you are the owner of the property you self-acquired, you are not required to disown the son.
You can therefore gift the property to anybody you like during his lifetime to prevent your son or other legal heirs from acquiring it upon death.
You can form a registered will in favor of the person of your choice if you decide not to gift the property to that person during your lifetime.
No one can claim a share of your personally acquired property throughout your lifetime. But under no circumstances will your daughter-in-law be entitled to your property upon your passing.

First, there are no legal provisions for the renunciation of blood ties. If the land is his sole and undisputed possession, the father has the right to prohibit anyone from entering the property, even his son, by any methods. He may file a criminal charge for trespassing if he believes someone is forcibly and illegally invading his property. The boy has no legal recourse when the father refuses to let the son inside his land.

Conclusion

Disputes may occur even in families with a close bond between parents and children because of difficult situations. You might feel the need to cut ties with your once-very-beloved ones even if, despite multiple attempts at conflict resolution, it still doesn't seem like there is a way to go forward with the relationship. 

It's important to consult with a property lawyer who specializes in legal matters concerning property ownership, transfers, and disputes.

About The Author:

Adv. Bharat Kishan Sharma is a practicing lawyer at All Court of Delhi, NCR, with 10+ years of experience. He is a consultant and practices in the area of Criminal Cases, Contract Cases, Consumer Protection Cases, Marriage and Divorce Cases, Money Recovery Cases, Cheque Dishonour Case, etc. He is a passionate Counsel providing services in Litigation, Legal Compliance/Advisory to his clients in diverse areas of law.