Question 1: Mine parent disowned me (In newspaper – Amrit India newspaper) but I am still living in same home till the time when my wife not comeback afterwards will try to move in rent home.
Can I live in my own home after disowned? Or do i need to shift in rent room quickly?
Answer 1: Parents cannot disown you from your ancestral property rights merely by publishing such intention on the newspaper. It’s an illusion, which has been created by such a trend of this kind in the legal field. There is a fundamental difference between disowning a child and disinheriting them. Disowning as what has been done in your case relates to legitimacy. Inheritance depends on legitimacy but Section 16 of the Hindu Marriage Act will also be applicable.
There are two kinds of property: self acquired property and ancestral property. For the self acquired property, the parents can disown the child by writing a will and excluding them from the property. While in case of an ancestral property, the son or the daughter has a right over the property by birth. Therefore parents can, by will not allow you to inherit their self acquired property but you have absolute right over your parent’s ancestral property. Therefore, if the house in which you are living was purchased by your grandfather or your forefathers then it is your ancestral property and you have a right over it. While if the house was bought by your father then it is his self-acquired property and you have no right over it and he also has the option to transfer the house to a third person by selling it or by a will after his death.
Newspaper notice as mentioned by you, indicate that the parent will not take any responsibility for the debt created by the child. Mere proclamation does not have a dispositive legal effect. It cannot take away the right of a child over the ancestral property.
Question 2: Can I apply for anticipatory Bail to avoid Jail?
Answer 2: An anticipatory bail is under the section of 438 of Criminal Procedure Code. Under this section if any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
It has to be understood that such an anticipatory bail can be granted when there is reason to belief and mere fear as in your situation will not be enough. A mere possibility of accusation by the wife’s family is not enough. Specific events and facts must be disclosed by the applicant in order to enable the Court to judge of the reasonableness of his belief. Therefore to apply for anticipatory bail, make sure that you more evidence than mere apprehension. A complain by your wife’s family to the police would be the best time to apply for the anticipatory bail in such cases.
Question 3: Can my wife take part in my parent’s property?
Answer 3: Your wife’s right over your parents’ property is the same as yours. Under the Hindu Law, the wife is not a coparcener and has no right over your parents’ property. Your wife will get the property which you get from your father but only after your death. After your death, if your father gives you any property that will be given to your wife and your children. Where your parents deny your wife to enter their home, your wife can file a suit under Protection of Women from Domestic Violence Act, 2005 which gives protection to female from being dispossessed from the shared household.
Question 4: Do we need to complaint in police/Courts for the same?
Answer 4: No, it’s not mandatory. The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.
Question 5: I’m residing in Delhi but disown notice printed in “Amrit” India newspaper of Haryana.
Will it is consider? Or it is must to have notice in same state newspaper where person residing?
Answer 5:If the issue is regarding disowning a child, the publication has to be made in two Newspapers. One has to be in an English newspaper and one has to be in the vernacular language. Thereafter, the person must serve a legal notice to the disowned child/ren along with copy of publication.
If you please then comments or give advice on the issue:
My wife is quarreling/threatening/blackmailing(fakes of dowry etc) since long time. Now when I taken stand. She & her father are ready for giving written assurance of any type.
Will this written assurance be sufficient for future or may any legal issue may arise?
Will this should be done on simple stamp paper or affidavit in magistrate office?
Your valuable thoughts can save us from this critical situation kindly please help.
I think even if your wife gives you assurance on a plain paper or on an affidavit, she and her family members can easily deny any assurance being given and can also allege that you had taken that assurance forcefully from or by threatening them. Such potential allegation, you see, has a capacity to land you into fresh legal trouble. I would suggest that you should not rely on such assurances seeing the past behaviour of your wife and her family.