file an injunction before civil court seeking for protection of the property and get it equally divided and moreover file a domestic violence case against your uncle through your grandfather and getting the property transfered be returned to your grandfather.
Need legal advice for taking care of an elderly father
Hi.. my father have total 7 siblings.. 2 brothers incliding him and 5 sisters. My father is 60 years old.. and grandfather is about 95 years of age. Since starting only my father and mother have been taking care of my grandfather. Today also my parents are keeping him.. the other brother of my father, recently took all the parental property of my grandfather and my parents also agreed to it without any questions.. but now whenever my grandfather goes to my uncle's home for a small stay , he refuses to keep him.. my uncle has stoped talking to my father also.. it seems that after taking the property , he is not bothered about his own father now.. i think legally it is the resbonsibility of both sons to take care of their father.. my father has also retired now.. he is not fit enough to take care of my grandfather alone.. he just needs help from his brother to keep my grandfather for few days alternatively... but my uncle is not ready to keep my grandfather and also taken all his property.. plz help what legal action can be taken on my uncle, my father's brother in this case. . so that my father can ask legally his brother to keep the father and take care of him .. as my uncle is also responsible for that.
Asked 8 years ago in Family Law
Religion: Hindu
11 Answers
Your grandfather can approach senior citizen tribunal and seek orders to direct younger son to pay him Rs 10000 a month as maintenance
2) also seek court orders to set aside conditional gift executed in favour of younger son as he refuses to take care of the elderly father
Dea Sir,
Following legal information is sufficient to get your father all the benefits you desire. The Deputy Collector (Revenue) is the nodal officer before your father has to file application under senior citizens Act.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
This Act is superior to every other act and has overriding effect on every other law for senior citizens.
Whom does the Act apply to?
Senior Citizens – over 60 years of age
Parents – Mother/Father/Stepfather/Stepmother of any age
Who are Children and Relatives?
Children could refer to any adult son/daughter and also grandson/daughter
Relatives – If the senior citizen has no children, his legal heir, that is one who is either in possession of the property of the senior citizen or would inherit it.
It may be noted here that children have a right to implead other children. This is intended to prevent senior citizens from accusing and placing the burden on their children selectively, whether the reasons are emotional, cultural, etc. All children are liable to provide Maintenance for their parents.
What is Property?
Movable or immovable property
Tangible or intangible property
Ancestral property as well as self-acquired
Rights or Interests in such property
What this means is that ancestral property, on which multiple claims may exist, can no longer be used as a loophole or an excuse to avoid provision of maintenance for seniors entitled to it.
What is Maintenance?
This includes
Food
Clothing
Residence
Medical Attendance – the right to have nurses or helpers at home
Medical Treatment.
Maintenance is the sum of money that a senior citizen gets to ensure his welfare. The maximum amount which may be ordered for maintenance of a senior citizen shall be prescribed by the State Government and shall not exceed Rs. 10,000/- per month.
What is Welfare?
Welfare includes
Provision for food
Healthcare
Recreation centres and other amenities necessary for the senior citizens
What are the conditions for a Senior Citizen to claim maintenance?
A senior citizen can only claim maintenance if she/he is unable to maintain himself/herself from property owned or from own earning.
Such claims can be made upon
One or more children or grandchildren, who are not minors.
In case of a childless senior citizen, a relative as defined above
Apart from vesting ‘rights’ in elders, the law casts an ‘obligation’ on the child or relative, extending to the ‘needs’ of the senior citizens, as required for them to lead a normal life.
Who can apply for maintenance?
The senior citizen himself
Any other person or registered voluntary organisation authorised by him/her
The Tribunal itself can initiate an enquiry
Where does one file this application?
The application for maintenance may either be filed in the district where the senior citizen stays or last stayed, or in the district where the child or relative stays.
What is the procedure involved?
Once the application for maintenance under Section 4 has been submitted,
The Tribunal will issue a notice to the children
They will have the opportunity of being heard
The application must be disposed of within 90 days, with an extension of 30 days under extreme circumstances that need to be recorded in writing. This, however, is rare as the Assistant Commissioner at the head of the Tribunal has multiple responsibilities. He has to split his time between these different duties, in addition to dealing with pressure from superiors, and this inevitably causes delays.
The Tribunal shall determine the amount to be paid, subject to a maximum of Rs.10,000
Amount to be paid from date of order
When should maintenance be paid?
Children are liable to start paying legal costs as well as Maintenance from the day of the order, or if so ordered by the Tribunal, from the day that the application was filed.
Upon the death of one child, other children continue to be liable. If one of the children die, their portion of the maintenance must be taken care of by the remaining children.
Failure to comply with the order of the Tribunal is punishable with levy of fines, or even imprisonment for up to a month.
1. If your grandfather had self acquired proeprty then he can give this to anyone he chooses and you cannot challenge the same.
2.However of he has transferred his ancestral proeprty then your father can file a suit for partition to claim his share.
3. Your grand father can file a case for maintenance agaisnt your uncle.
4. He can file case beofre the Senior Citizens Tribunal also revoke the transfer deed as his son has been neglecting to maintain him.
5. So if your grandfather is so willing he can initiate lot of legal proceedings.
1. How did your father's brother 'take' the property of your grandfather? Did your grandfather execute a deed in his favour to transfer the property to him?
2. If your grandfather has executed a gift deed in favour of his son then he can file a suit for cancellation of it on the ground that the donee i.e son has neglected him after the transfer of property. A gift deed made by a father in favour of his son can be cancelled by the civil court if the son does not perform his moral and legal duty to look after his father.
Your grandparents may file a case against your uncle under sec. 125 crpc to seek maintenance from him.
If your uncle has been demonstrating a rough behaviour towards your grandparents, the grandparents also have the option to approach the Senior Citizens Tribunal.
Hi
File a complaint under Protection of Parents and Senior Citizen Act from the side of your grandfather against your uncle and aunt.
This complaint will be filed with the local authorities like SDM or TEHSILDAR.
Thank You
Hi,
Please file a mandamus writ in the HIGH COURT for the care of your grand father. This writ should be filed by the your grand father.
Your uncle may plead that the property inherited to your father should support the old grand father as he is not taking any benefit out of that. But he can not escape from his responsibility.
By what mode they have taken the property.
File application for cancellation of transfer of properties before SDM under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Read the Act for better understanding.
Sec. 23. Transfer of property to be void in certain circumstances.-
1. Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
2. Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
3. If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
If yes than
hi, your grandfather can file a petition under 125 crpc for grant of monthly maintanance from his son,,his son is legally entitled to maintain his elderly parents and to fulfill thier basic needs
Your father cannot take any legal action on this agaisnt his brother.
He can also disown the responsibility like his brother and neglect taking care of his father citing that he cannot take care of him
But that is an inhuman act.
The only legal solution to this that your grandfather should file a petition seeking maintenance from his elder son while he is residing under your father's care and custody
