Abuse of legal disinheritance
My maternal grandparents have always hated my mother since she married my father out of her own will. Since then, they cut her out of their life by all means and purposes. Unfortunately, the marriage between my parents didn't work out (due to my father's indulgence alcoholism and other family issues) and they got a divorce after about 20 years of marriage. They lived separately for a period of 7 years before that as well. During that period my mother went through terrible times financially. My maternal grandparents didn't even let her stay in their home when she was sick and I was a child. They gave her no money either. They have always made her feel less both financially and stature wise in comparison to their son - who was the only child they ever wanted.
By god's grace things are good now and we have a happy life. We never kept any contact with them, and neither did we want any. But a few months ago we got to know that they had legally disinherited my mother from their self-earned property. Now, just to clarify - my mother doesn't want a part in their property and never has. But getting that news was an awful blow to her. Despite everything that happened she still had some attachment with her parents (who doesn't) and never thought they would go to such an extent to cut her out of their life. They gave 80% of the property to their son and 20% to their other daughter (My Maasi). They have disinherited her just to show her her place.
They took out a notice in the newspaper about it but we didn't get any copy/notice of it. We don't even know when it was done. From what I have read, if parents prepare a will and specifically mention that one child has been disinherited, the child cannot claim any right to the property. We know there is a will but we don't know if they have judically disinherited my mother or if they have simply taken out a notice in the newspaper.
My question is - do we have any legal discourse here? If my mother wants to take them to court - what can she do?
Asked 5 months ago in Family Law from New Delhi, Delhi
1) it is your grandfather self acquired property
2 they can bequeath it to whomsoever they please
3) going to court against publication of disinheritance would be futile
A newspaper notice does not shut the doors of succession on a legal heir. The only way your mother can be prevented by her parents from succeeding to their property is by execution of a will by them. During their lifetime they are at liberty to execute a will to exclude your mother from succession who will then have no legal recourse.
There is no such law to denounce the relationship between the relatives.
The denouncement through newspaper shall not have any legal effect to their relationship.
The fact that she is their daughter cannot be denied and no law can support this because it is nature and nobody even law is above nature.
Her parents might have decided to not to give any share in their self acquired property due to their hatredness towards her but in over anxiety they might have made the newspaper publication, or may be they though that by such public notice she may not be able to claim a share in the property after their time and filelegal disputes before court with their other children.
There is nothing to be worried about it nor your mother can fight it legally because their denouncement itself is invalid and what else she can fight about the invalid notices.
Even if their parents want to sever their relationship the fact that they are parents and she their daughter cannot be denied by anyone.
She can not do any thing against them, the property is their self earn property and they have all right to use or transfer the property as per their wish, there is nothing illegal on their part, it is their right if any child of them is not ready to follow them or not under their control then they can debarred her by way of publication or by way of Will.
Feel Free to Call
Advocate, New Delhi