Is Disowning of children legal in India?


There is no legal concept of disowning an adult child in India. No parent in India has a legal right to disown their children when they are still minors and this can be attributed to the strong familial bond and values that are rooted in the society. A child who has attained majority under the Indian Majority Act, 1875, can be disowned and the parents can legally stop maintaining him or her. As your daughter is above the age of majority, you can evict her from your home and can legally stop maintaining her.

However if she is mentally or physically injured then you have an obligation to maintain her. If she is perfectly fine then you can disassociate her and stop maintaining her. You also can disinherit her from the self acquired property of you and your husband. Adult children can live with parents in their house only till the time the latter want them to. You can file a complain against her in the police station under section 503 of the Indian Penal Code, 1860 for threatening you and also for abusing you.

You can file an application to the Deputy Commissioner or District Magistrate to evict abusive children. You can also publish an article in the newspaper where you tell the world and people that your daughter is no more your responsibility and you are disassociating yourself from her. As per a high court ruling, the Senior Citizens Maintenance Tribunal also has the power to order the eviction of children.

Reference: Section 503 of Indian Penal Code, 1860, Indian Majority Act, 1875



Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City