Disownment is the formal act or condition of forcibly renouncing or no longer accepting one’s akin child as a member of one’s family or kin. It differs from giving a child up for adoption both in that it is a social and interpersonal issue (and therefore usually takes place later in the child’s life, though children can be disowned by their parents at very young ages as well) and that it does not imply any arrangement for future care.
It refers to refuse to acknowledge as belonging or pertaining to oneself; deny the ownership of or responsibility for; repudiate; renounce.
In this sense it is comparable to divorce or repudiation (of a spouse). Disownment may entail disinheritance, familial exile, or shunning, and often a combination of the three.
Acts & regulation applicable to Disownment/Eviction
- Eviction from a property is governed by the rent control laws. Bedakhali (disowning) and eviction are two different legal concepts. Bedakhali (disownment) does not necessarily have to be in relation to the property. It can also be for anything else. The publication of disowning is required to caution the general public to not to deal with the disowned person in respect of the subject matter of disownment.
- Bedakhali (disownment) notice cannot oust the indefeasible legal rights of the disowned individual in the property. A right which has expressly been conferred by the law cannot be abrogated by publishing a disownment notice. For ex. If A has a share in the ancestral property on his parental side, his share cannot be curtailed or abrogated by publishing a disownment notice. Where property is the subject matter of disownment notice it is issued in respect of the self-acquired property.
- A disownment notice does not serve to oust the proprietary rights of a person under any circumstances. In the absence of a will made by a father excluding his son from having a share in his self-acquired property, a disownment notice is a waste paper. It has no legal value attached thereto. Hence, a disownment notice itself need not to be challenged in a court of law as no publication in a newspaper creates or diminishes a right, title or interest in the property, albeit a declaration may be sought from the court in respect of the legally enforceable right perceived to be curtailed/abrogated by the notice.
- Bedakhal means to disown from property. In order to inform the public at large not to deal with such person public notice is necessary in local newspapers.
- In ancestral property you cannot bedakhal a legal heir. However in respect of self-acquired property you can disown your legal heirs.
- It is better to make a will disinheriting said person from any share in the property.
- It can be challenged on grounds that person was not mentally fit at time of publication of notice was done under undue influence.
- Eviction of a person from property can be done by filing petition in rent controller court under rent control act where it is applicable as per rent amount.
- Eviction of a person from property can also be done by filing possession suit in civil court under civil laws.
- When after filing petition / suit in court defendant refuses its service then on application of plaintiff under order 5 rule 20 of CPC court order service of defendant in 2 leading newspapers of that area.
- Similarly parents can bedakhal / disown their son/ daughter from property by giving public notice in 2 leading newspapers of that area in Hindi and English.
- Disownment notices are legally valid unless based on untrue facts or given under pressure of other person.
- Such Disownment/bedakhal notices can be challenged in court when based on untrue facts or given under pressure of other person.
