Legal Question in Family Law in India
Dear Lawguru,
I am 54 year old working in Govt dept and have a self acquired property of house building in my name.I have 2 sons and 2 daughters.All of them are married.Due to certain differences with us my younger son and his wife constantly pick up quarrels with rest of the family members since couple of days after marriage.the motive behind their black mailings is to sell the house property and give a share so that they buy a house at the in-laws of my younger son.My son,his wife and his in-laws threat us of putting behind bars by registering False cases of Dowry harresment,IPC and Domestic Violence act if their demand are not beng met.
Due to threats and quarrels ,blackmailings from my younger son and his wife i have Gifted my self acquired property on my elder son name,who is taking care of us by way of GIFT SETTLEMENT DEED.
I have also issued a Public notice in a Local newspaper of disowning my younger son and his wife from all my movable and immovable property.
After the intervention of elders they have requested to give a share so as they will not claim any rights on the property on my eldest son and will not harass us in future.
Please advice me on
1.How me and my rest of family members will be legally separated from my younger son and his wife?
2.As per the intervention and request of elders what contract or memorandum should be drafted
so that they shall not have any Legal claims or relations either verbally of legally from our family?
3.As per law Myself and rest of my family should not face any kind legal problems with him in future forever?
4.My younger son ,his wife and their children should not claim ,have any right with our family forever .Is there any Legal Contract or Memorandum of Understanding to this effect?
5.As per the Elders in our community are witness in our compromise what sort of Contract or Agreement or Memorandum of understanding shall we sign to get separate legally forever?
6.How many witness are required to witness this compromise deed ?What is the legal valid Contract ,Memorandum of Understanding or Agreement to this case? What is Valid forever in all future legal disputes if arise ..
7.Should we register the above Contract/MOU or Agreement with courts or go to Registratrar office of Local authority for making it binding on both the parties legally?
Please advice me ..
I will be thankful to you for your great help.
Thanks in Advance..
Best Regards
Shanti Devi
1 Answer from Attorneys
You are entitled to disinherit your son in terms of the Succession Act. A separate residence with cogent proofs like separate ration cards, electricity/water charges bills etc. may help you.