• Disowning right over parental property

We are two brothers. Both of us are martied and in service. Due to a personal feud, my father and elder brother wants me to disown my inheritence to our father's property, so that our father can transfer the entire house in the name of his Elder Son's son i.e. my nephew. 

I stay in Mumbai while my parents are in West Bengal and my elder brother in USA.

So what are the procedures? Please guide.
Asked 2 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu

1. Do note that disowning has no legal validity and even after disowning a son , he can still inherit the property of his parents of they die intestate.

2. However if a parent wish to give his property to one particular legal heir depriving the other or another child then he can very well do so by way of gift deed or Will.

3. So if your father owns this house then he can very much transfer this to his elder son during his lifetime by way of Gift deed or after his death by way of Will for which he need not disown you.

4. So as long as you are not thrown out of this house you or your wife can continue to use the present address.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

Sir, if you are governed by the Mitakshara School of law, you have rights in your property since birth, but if you belong to Dayabhaga school, your father can give his property to anyone and you cannot do anything. Please call for more details. You can renew your passport with Kolkata address, no issues with that.

Abhishek Dutt
Advocate, Kolkata
31 Answers

4.0 on 5.0

Yes you can continue with the same address.

The address appearing on your passport need not be your ownership property

The passport authority just needs an address where the passport holder usually resides

Owning the property or having a chance or right of owning that property in future by inheritance is not a condition precedent for granting a passport at a particular address

Bear in mind that had you not been disowned also, then too your dad would remain the owner of the property. So that never precluded you from applying for passport at youe dad's Kolkata address.

Same situation also persist presently. There is nothing which stops you from applying for a renewal of your passport at the same address

Also the mere fact that a particular address appears on your passport cannot be construed that you have a claim over the property

It's a mere address proof and proof of citizenship

Yusuf Rampurawala
Advocate, Mumbai
4858 Answers
29 Consultations

5.0 on 5.0

See there is no legally valid thing as disowning under indian law if the property is self earned father can very well transfer it by way of gift sale transfer will further if it is ancestral father cannot take a way your right.

Also in case parents die intestat that is without any will you will have equal right in the property.

Address in Identity card reflect your usual residence so on taking away the property right won't effect on your passport or any other identity card.

Further if you have your own house for better communication give an application for address change and make new addresses added in your passport.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Yes you can continue that address if you are residing there usually when your residence adress change you can change it. It is a normal.procedure donot worry address in ID is just your residence it doesnot disclose any property rights.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

If this property belonged to your father, he need not take your consent or permission to transfer the same to anyone of his choice and in any manner he may desire to transfer the same.

You cannot disown the inheritance if you are not entitled to any share in it at this stage.

Your father's property will remain his own property during his lifetime in which nobody has any right to claim a share

Therefore ther is no procedure to be followed by you to disown the inheritance.

In fact there is no such thing called disowning it.

It is called as relinquishment, which is also not necessary in this situation.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

My passport is due for renewal to the same Kolkata address. My wife too just has changed her passport address from Mumbai to Kolkata. After disowning my inheritance rights, can we legally continue with that address or is there a problem?

When there is no question of disowning, the question of change of address does not arise.

If you have decided to keep away from the property as per your father's dsire, then you may think of changing your address in all the documents you hold it on that address, because once you are not available in that address then what is the use of giving that address for all purposes.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

no need to disown your share in father property

2) your father can execute will bequeathing property to his grand son

3) in alternative he can execute gift deed in favour of elder son

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

you can continue with kolkata address as it is your permanent address as on date

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Dear Sir

You can disown by executing regd release deed. You can stay in the same house but take some rent deed or like from new owner.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

IF you wish to relinquish your right over your fathers property, THEN:

1. Let Father execute a duly Stamp Duty paid Registered Gift Deed in favour of the Nephew, with strategic clauses. This Gift Deed should be signed by Father and jointly by all Sons as "Confirming Parties".

2. Persons not available for signing the Gift Deed, may execute a specific purpose Power of Attorney (USA & Mumbai person) in favor of Father or anybody to Sign the Gift Deed (back home).

3. Relinquish rights in the property does not take away any right to use the Fathers Address, for all Legal documents (Passport, PAN, Aadhar).

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
3677 Answers
19 Consultations

5.0 on 5.0

1) One should keep address where you actually live. If its native place do keep one room at least on your name if parents property or either change address to current residential address where do you live.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

You can do the following:

1. You can give a NOC or an affidavit on stamp paper notarised stating that you surrender your rights over the Kolkata property;

2. You can then change your permanent address details on all your important documents including Aadhar, PAN etc.;

3. Then you must also leave every kind of claim over that property therefore you must not use that address for future reference.

Gowaal Padavi
Advocate, Mumbai
1887 Answers
3 Consultations

5.0 on 5.0

1. Your father is the sole owner of his properties.

2. Legally he can do whatever he wishes to with his said properties.

3. So, during his lifetime none of his children or other legal heirs can claim any share of his said properties.

4. So, he is with in his right to convey the title of his house in favour of your nephew during his life time by registering a deed of conveyance in his favour.

5. Filing any case against your father's said act will have no merit in it and will be wastage of money.

Krishna Kishore Ganguly
Advocate, Kolkata
23548 Answers
640 Consultations

5.0 on 5.0

1. Your right to inherit will come only after the demise of your father, intestate and not before that.

2. So, it will be prudent on your part to try to settle the dispute amicably if possible.

3. If settlement of dispute is not possible, then you shall have to acquire a permanent address for mentioning in the passport.

4. The said house is still in the name of your father which is your and your wife's permanent address till now.

5. There will be no legal problem if you do not change your permanent address after your father transfers his said house in the name of your nephew.

6. If you acquire a new accommodation of your own, you can apply before the passport authority to make appropriate change in your permanent address.

Krishna Kishore Ganguly
Advocate, Kolkata
23548 Answers
640 Consultations

5.0 on 5.0

You mean you want to relinquish your right towards the elder son's son. You need to execute registered relinquishment deed for the same.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

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