Disowning married daughter
I am 62 year old retired person. I am also physical handicapped due to post-polio effects. I have two residential houses self-acquired
I have daughter 33 years old. Spent heavily for her education and marriage to a person of his choice. She is not living with her husband who is presently in Australia. Do all such things which are great embarrassments for me socially . Pressing me to remarry her with other person who already have children . She has circle of very bad persons . Threatens me to eliminate me and other family members through goondas if I not give her property .
Please let me know what legal action can I take to evacuate her from my house and debar her from my property. Disown her . Stop her from creating trouble for me and legal heir ( my son) after me
Asked 2 years ago in Family Law from Mohali, Punjab
1) you can file suit to evict your daughter from your house and to restrain her from disturbing your peaceful possession .
2) if your daughter threatens you lodge police complaint for criminal intimidation against her under section 506 of IPC
3) you can also execute gift deed in favour of your son for property owned by you
4) in the alternative bequeath your properties to your son . mention reasons for not bequeathing any property for your daughter
1. After marriage you are legally liable to maintain her nor is obliged to shelter her in your house.
2. So you can restrain her from entering your house and if she forces then you can lodge complaint with local police.
3. You can lodge complaint with local police against your daughter for her acts which are threats and criminal intimidation which are criminal in nature for which she may be taken into custody.
4. The disowning of a child has no legal force and hence you can do nothing. However if you want to ensure that she inherits nothing on your death then you can gift or execute a Will bequeathing all your assets in favour of an person of your choice including your wife.
1. She cannot remarry unless she obtains divorce.
2. You can launch her criminal prosecution for criminal intimidation if she threatens to eliminate you.
3. To evict her from your house you are required to file a case for her eviction in the court. There is no other legal recourse available to you.
4. You are at liberty to make a will to deny her any share in any of your properties.
1. Lodge a police complaint against her such torture and assault on you,
2. File an application under order 39 Rule 1 & 2 praying for a direction upon her restarining her to enter into your house,
3. Mark a copy of the said Court order to police,
4. Sell off the property and take shelter into an old age home if you so wish and if you have no one to suppiort you physically and emotionally.
Factually she is also a legal heir to you however the question of legal heir ship will not arise now.
If the property is your self acquired property or has been inherited by you as your share share in the partition deed or any other deed, it becomes your own and absolute property.
It is your will and wish to do anything with the property as per your desire. You can transfer the property by executing a settlement or gift deed in favor of your son even now over which no one can raise any objection.
If she is squatting in your property and refuses to leave you may lodge a complaint with the police stating that she threatens you to eliminate you with the help of goons in her side and also refusing to vacate the house but has been continuously creating nuisance and disturbance. Besides booking her under the provisions of IPC she can be booked for the offences for torturing the senior citizens under senior citizens protection act also.
You can file a civil suit for injunction also seeking relief of restraining her from interfering into the peaceful possession and enjoyment of your property and also for eviction.
Since your property is a self acquired property you may give it to any one who feel like. Since she's creating a problem you may make a will without her knowing bequeathing it to your son or whomsoever you want and get it registered.
There is nothing she can do about it. If she's threatening you then you may file a police complaint against her and request the police official to call her to police station and give her a nice scolding she will automatically cool down.
You may also file injunction case against her in the court requesting court not to allow her to stay at your premises.
As the residential property is your self acquired property you can bequeath your property in favourt of your son through Registered Will.
During your life time to evacuate from your house you can get restraining order from court, from entering the house.