Legal Question in Civil Litigation in India

Can siblings in India that are legally disowned by a father when he was alive claim an equal share to property after his death? The same father later disowned them in a registered will; can they still claim or enforce their rights after being disowned? Are they legally entitled to apply for a stay against the usage of the property when their father is alive? Can a court entertain such an application/ suit? Are they legally entitled to apply for a stay against the usage of the property by the now legal heirs when their father is dead? Is a father legally entitled to disown his children and later enforce that disownment through a registered will?

Asked on 2/08/12, 5:08 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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as i have mentioned earlier, there is no bar to file a suit. you need to prove the disownment and will by leading evidence. she being a daughter can enforce her right but whether she is entitled to the same, would be decided by the Court after perusing evidence.

Answered on 2/08/12, 10:44 pm

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