Legal Question in Family Law in India
Dear Lawguru,
How can i legally disown my son.My son and his wife frequently threat me of lodgeing a Dowry harrasment case and 489a.My son and his wife wants us to sell the house property which is my self acquired one ,and give him lump sum to buy a house at his in-laws.My sons in-laws threatned us either to sell the house and give the share or they will put us under bars.My son and his wife is even threatned not to approach the police?,if we do we have to face dire consequences ?
Even they approached Local police and filed a written complaint.With the intervention of eleders they withdrew the complaint.From my side i have written in the complaint to legally disown my son and his wife from the date of complaint,which is submitted in the Local Police station.
My residential property is a Self acquired Property and had been seen such a behaviour and humiliation,abusive language from my son and his wife i had Gifted the residential property to my Eldest son ,who is presently taking care of us by way of GIFT SETTLEMENT DEED in favour of my eldest son.
Please advice me as
1.How can i legally disown him from my family forever and whats the legal Procedure?
2.He should not be able to proceed legally against us in any form ?
3.My son and his wife should not claim anything from my family as well as from my Eldest son future?
4.He and his wife should not have intervention legally or verbally in our daily life ?
Awaiting a Positive response from us
Best Regards,
Madhurima
2 Answers from Attorneys
Dear Madam
I am very sorry about your condition you are facing now. At the outset, you have not been advised properly as far as your problem is concern. Unless husband is not implicated in the dowry harrassment case, your implication will not be taken seriously by courts. So don't worry about the 498 A case. The specific answers to your quarries are as under:
1. You can disown your son by making publication to this effect in two national news paper, one is English and another is Hindi or any regional language news paper.
2 &4 You may initiate legal action against your son and his wife for harrasing and blackmailing you. It may prevent them taking action against you. There is a legislation for elderly people and senior citizens.
3. Make a Will in favour of your elder Son instead of gifting the entire property to him.
Contact me if you need any further advice. at Anurag Tiwari, advocate 09891406115
I agree with the above opinion.