My aunt is from West Bengal and she has 4 sons and 3 daughters in total = 7. All are married. So, my uncle, my aunt, 4 sons and their wives who live together in a house. And one of them is very, very bad. Only a son who does crimes with my uncle and aunt. So my uncle and aunt want to refuse a son with the daughter-in-law and evict him from the house, so that it is possible to deny all their property? And chase them out of their homes? If so, can you tell me the procedure to follow to evict them from their home??? Emancipation is a legal procedure by which a minor child can be legally recognized as an independent adult through a judicial procedure. [i] Since this process allows the law to treat minors as responsible adults, they must prove their ability to manage their own affairs and make important decisions in order to be successfully emancipated from their parents. This judgment or this law also allows a single father or mother to use this power for illegal purposes, the same thing happens to me, I think Judge Pratibha Rani should clear her head and then make such judgments. The father who wants to marry another woman, even if he is married and has a son, may unjustly leave the wife and son from his home and may remain peacefully with other women since the son has no right to his property, he will not have problems with the court or the police. We need young judges in the system because I do not think the current judges are able to understand the situation of young people in India.
Now the doors are open for the father or mother who unfairly want to hold their child back because they do not want to have his responsibility on their shoulders and enjoy it. We will oppose this judgment, it makes no sense. I say all this because it all happened to me and my mother. I was 14 when my father took my mother and me out of his house in 2014 and ran away because he wanted to marry another woman. Since then, justice has not been served, we are still outside our house and my father is enjoying his life with another woman, the court has an order for me because I did not create 3rd party interference in the respective house, but it still created 3rd party rights and violated the court order, But the court has no problem with that. Therefore, I don`t want another child to suffer like I was for 4 years, this order will cause more domestic violence. Emancipation grants the child adult status up to or before the age of 18 through a legally binding procedure. The judge orders that the child be released from the custody of his parents or guardians. [ii] Sunipun, Can A Son Be Cast Out? If violated, what rights does he have over ancestral property?, ipleaders, (17. Aug. 2019, 9:15 p.m.), blog.ipleaders.in/right-of-the-son-ancestral-property/#_ftn6. When it comes to moral obligations, you may feel the need to be compelled to fulfill them.
However, legal obligations to your son must be respected. For example, you cannot refuse and escape a minor child under article 125 of the 1973 Code of Criminal Procedure. Can the mother refuse a child in the absence of the father / after the death of the father? If this child (50 years old) does not take care of his parents and makes life hell for the parents. The real legal question here is whether or not you can deny your son your property. A person can have two types of property: 1. After marriage, you are legally obliged to maintain them, nor to house them in your home. The law does not prohibit the denial of a relationship. Placing a public ad in newspapers will only tell the public that you no longer have a relationship with your son now. But he will remain your son in the eyes of the law, and since he is your son, his ancestral property rights cannot be extinguished.
Even if parents deport a child from their home, there is no legal concept in India for refusing an adult child. In the case of property acquired by themselves, parents can disinherit a child by removing it from the will. In family law cases, the emancipation of a minor (also known as “divorce from parents”) refers to a court proceeding whereby a minor can be legally recognized as an independent adult. There is no legal procedure to refuse a minor child in India as the concept of expropriation is not yet legally recognized. With regard to maintenance, a minor child has the right to be supported by his or her parents until he or she reaches the age of majority, if the child is physically or mentally unable to support himself, the parents are legally obliged to support him/her. About property: A son has a legal right to ancestral property and the father cannot deny that right. However, a son has no legal right to any share of the property he has acquired himself, unless he has contributed to the property or his parents die without inheritance. The court takes emancipation very seriously and therefore sets higher standards for the consideration or approval of the application. Emancipation is applied to different scenarios. In some cases, minors seek emancipation because they are already independent or live alone, but minors find it difficult to rent housing or enter into contracts. Others are in critical or life-threatening situations at home.
In such cases, children choose to run away from home. Instead, they can apply for the emancipation procedure. The process of emancipation varies from state to state. It is not ideal to expect public support after emancipation. In this case, the court may decide to involve a state`s child protection authority if your parents are deemed unfit as guardians. The “denial” of a son is not recognized in the Indian legal system because the word itself is very broad. This may mean moral detachment, detachment without money, or the disinheritance of the son from the family property. There is no obstacle to moral obligations and parents can detach themselves morally from their minor children if they wish, but as long as the child is a minor, parents are legally obliged to support them. This maintenance obligation is provided for in § 125 StPO.
Article 125 of the Code of Criminal Procedure stipulates that the court may order the maintenance of a “legitimate or illegitimate minor child, married or not, who is incapable of supporting himself”. With respect to majority, the article states that a parent may be ordered to keep his or her “legitimate or illegitimate child (not a married girl) who has reached the age of majority if that child is unable to support himself or herself due to a physical or mental abnormality or injury.” To deny your family as an adult, separate from them by moving or living with a friend if you still live at home.
