• How to disown parents

I am 26 yr old guy living and working in Bangalore. I am born and bred in Chandigarh. 
I have an elder sister whos married and lives with her spouse and in laws in Chandigarh close to my parents house in the same neighborhood.

My parents struggled through immeasurable economic hardships to raise my sister and me and get us educated and qualified. The economic problems have been there since I remember it. 

My father is a partially visually disabled and mother is not very educated.
They've been blacklisted by all the banks because they've defaulted a lot of times due to money problems.

But somehow they built a small business which my mother runs, a house and a piece of land. My sister did her MBA and works in an MNC and is married in a rich family of the same caste.

I finished my engineering and started a job 4 yrs back and did exceptionally good and got promoted multiple times.

Since the day I graduated I wanted to pursue my life my way.
I wanted to get further qualified and struggle in life. For this I wanted to go for further studies.
But my mother never supported me. (Father is partially visually disabled and has no say in matters)

For stopping me from studying further and being a free bird she requested me for a huge sum of money which I had to borrow as personal loan from 2 banks which she agreed to help me repay but never did. I saw extremely bad days while repaying them back and plans of studying went down in drain.

Post that I started focusing on job, got salary hike, filed 2 patents and won partial scholarship for a US university.
At this point I asked my mother to help me financially or with mortgage on the house which she refused.

According to her she's raised me to serve her and it's too risky for them to gamble with the property like this etc.
During these 4 yrs I never talked to my mother, but I tried solving issues by visiting home twice a yr. She never visited back.  Recently she came to Bangalore and laid down her plan for my life which I was asked to follow. 

Studies were out of plan and marriage as per her choice and surrendering all my savings for studies to her etc were also asked.

At this point I have decided to not be related to her and legally split myself away. 
They've raised me and sister by sacrificing everything in their life but spoiling my life to win back their lost comforts is also wrong. 

Can u help me with the legal way of splitting away.

I want to nominate myself as not a share holder or successor for their properties and assets and not liable to pay them anything either.

Please help me understand the law.

deepjotsinghx@gmail.com
Asked 8 years ago in Family Law
Religion: Sikh

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

1. There is no way you can divest yourself from the inheritance of property of your father unless by way of deed of release or deed of relinquishment which requires registration on payment of stamp duty and registration fees.

2. So I would advise you to be just remain the same you are and if you refuse to receive anything from your aprents on the death of them , it is fine for which no prior registration is required.

3. let me inform you that if your parents are dependent on you then they can file case u/s125 crpc against you seeking monthly maintenance which you can not avoid.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You are free to disassociate yourself from your parents. No legal document is required to be executed. During the lifetime of parents children do not have a share in their property under the Hindu law. Your parents are free to execute a will to exclude you from succession to their properties post their lifetime. You are also not liable for any the liabilities contracted by them unless you stood as a guarantor.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you are liable to maintain your parents

2) you cannot wash off your responsibilities towards your parents

3) if you fail to maintain them your parents can move senior citizen tribunal and seek maintenance of Rs 10,000 per month

4) there is no question of you surrendering your savings

5) you are free to marry any girl you so desire

6) you can inform your parents you dont want any of their assets and they can make will bequeathing all assets to your sister

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. There is no provision in law by which you can declare yourself as not a successor of your parent's properties,

2. If you do not want their properties, do not accept it,

3. However, you are responsible for maintaining your parents as per law irrespective of whether they have not helped you in your coming up or not,

4. If your parents file a case u/s125 of Cr.P.C., the Court will direct you to pay the maintenance amount fixed by the Court and if you do not pay the same, you will be penalised,

5. You can not evade your responsibility of maintaining your parents under any circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer