Disowning usually happens when the parents renounce the religion or the child is no longer accepted when the child does something that is perceived as unbecoming of himself or herself.
Disowning usually happens when the parents renounce the religion or the child is no longer accepted when the child does something that is perceived as unbecoming of himself or herself. After such upholding the person has to make his or her arrangements for future care. It may extend to disinheritance, familiar exile, or shunning and often all there. A disowned child would no longer be welcomed in his or her former family's home or be allowed to attend any major family events such as birthday parties, etc. In many countries, it is regarded to be illegal when the child is minor.
Disowning is different from emancipation, and it is a process in which parents stop the upbringings of the child. Through this process, the parents can cut off all the monetary means. But there are no provided provisions in India. Under Section 125 of the Code of Criminal Procedure, it says that the court can order maintenance of the legitimate or illegitimate minor child, whether married or not, unable to maintain itself, and the one which is major but because of any physical or mental abnormalities unable to maintain itself.
In a case, Madanlal Phulchand Jain Vs State of Maharashtra and Ors, it was decided that each son, by birth receives a claim to a share of the ancestral property that is equal to and independent of his father and that this equal right with the father can be asserted only after the father receives the ancestral property in his hands. Therefore even if the father has disowned his son still has a right to claim his share of the ancestral property. However, it is extremely important to look at the mode through which the father has received the property, in case of C.N. Arunachala Mudaliar v. C Murugantha, it was held that the property could only be ancestral property if the father received the property by being the son or descendent of the original owner. Self-acquired property is the property that has been acquired by the parents themselves, and the parents can bequeath it to anyone they wish to as the son has no legal claim. In a judgement of Delhi High Court, Justice Pratibha Rani has stated that a son has no legal right in the self-acquired property of his parents unless he has proof of his contribution towards the acquisition of the property. He might be allowed to use the property on consent from his parents, but they are not obligated to allow him to live there. It was further added that 'where the house is a self-acquired house of the parents, a son whether married or not, has no legal rights to live in that house and he can live in that house on the mercy of his parents.
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