• Mother died without will, father file case under senior citizen act 2007

Hi, 
My mom died before 2 years without any will all the property has on her name and my father is retired government employ alive 65 years old, filed case against me under senior citizen act 2007 read with rule 22 and 23 set out by Govt. of Punjab for protection of life and property of senior citizens. I am residing I Mohali kothi having 3 floors. On ground floor I am residing and two floors are on rent. Two more plots on mothers name. 

We are two brothers and one sister. 

No one is with me brother, sister or not any relative. 

Can anyone please suggest what can I do? 

How I can save myself from senior citizen act 2007. Is there any remedy for senior citizen act 2007. 

Thanks..
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

All your mother's acquired properties have devolved upon her legal heirs in equal proportions, i.e., upon her husband, sons and daughters.

Thus, you have 1/4th share in the properties left behind by your mother.

Seek time from the Tribunal to file a reply to the complaint filed by your father.

Engage a local lawyer to do the needful for you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Respected sir,

Since your mother has died imtestat without any will her property will be disolved in class one heirs that is in your father you and your brother and sister you get equal share in your mother's property.

Secondly your father has filed against you under Maintenace and welfare of Senior citizens Act under this act kindly represent your case before tribunal file your reply. There is also option of conciliation under this act between parents and children .So you.can seek that from.tribunal.and can conceal with your father. Also your father can only refer to properties transfered by him under the act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) The act says for rule 23, you have to obey that , if you are not obeying that than you have to pay for it, now prove it how much expenses you father has per month and pay it accordingly and assure to court that you will take care of your father and all his medical expenses and monthly too.

Below is the ACT details

Section 23 in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

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.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

your father is entitled to maximum maintenance of Rs 10000 per month

2) since your father is retired govt employee he must be receiving pension and can maintain himself from pension received

3) further since you have siblings all others would be equally liable to pay maintenance to father

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Querist

as the property was in the name of your mother, hence you will also be the sharer of the property, it will be better to file a civil suit for partition before civil court/district court along with an application for the Temporary injunction under Order 39 rule 1 & 2 of CPC.

file your reply before the SDM/DM towards the complaint filed by your father and raised your objections that you are also the sharer in the property and nobody can restrain you to enjoy your share.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Under the Act, there is no exception you only have the option to convince your father that you will take care and to withdraw the application.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

I have dealt with many such Senior Citizens cases. I invented a short cut method. Such cases usually filed unwillingly by the Senior Citizens against their own children at the pressure brought out by third persons. In such scenario, it is better to file a memo before such authority that you have arranged a decently furnished PG centre and you are ready to pay entire fee charged by PG centre and also ready to pay Rs. 5,000/- towards medical expenses of your father. Thus you can save all the properties. For more tips call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

It is suggested that you defend the case strongly putting all your favourable points.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

What allegations have been levelled against you.

Kindly tell in detail so that appropriate remedy can be given.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Show case document.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The properties on your mother's name, who is reported to have died intestate, shall devolve on all her legal heirs/successors in interest.

Your father, you and your siblings are the legal heirs or successors to succeed to her estates.

Your father is also entitled to an equal share out of your mother's property.

Therefore you can arrange for an amicable partition involving all the legal heirs entitled to a legitimate share in the properties.

This can solve the entire issue including the court case your father has filed against you.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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