• Pension/maintenance for supporting health expense for my mother

Hello,

I am writing on behalf of my Mother (Age 69), who is suffering from Dementia for last 4 years and is been treated (hospitalized full time) at Nigthangale Alzheimer Centre in Bangalore for 3 years now. I brought my mother to Bangalore 14 years back (since i got job) with consent from my father (79, Pensioner Govt servant), since he was not taking proper care of her and she was under tremendous mental pressure. Currently, he stays in his house at Kolhapur and manages himself. I have 2 step brothers who resides in their own house and somehow take care of him (He takes his food outside still). On the relationship front, I still maintained it well with my father.

We (Myself & My Mother) dont hold any property or share of his nor any financial support for last 14 years. Now he has transferred the ownership of all the property titles to his both sons (offcourse with huge pressure from them). My Father intended to give some share in his property to me/mother, but it never happened due to huge pressure from his sons. I have fully taken responsibility of my mother and managed all the personal/medial expenses (Avg 21,000/M, to support i have all medical bills) his independently till now and never forced my father to support it. As i knew his nature and his incapability/decisiveness to support her and take care of her. I mentioned/requested him many times to secure her life and atleast make provision for her medical expenses (through some lump-sum amount or monthly some amount > He is getting roughly 20K / month. I am not sure on the exact figure) but it never happened and he didn't show keen desire to do that , however he says (even his sons) he is ready to do/support me but it never happened.

I just want to ensure that my mother's future is secured her remaining days goes peacefully and her medical expenses (which is going to last forever) are taken care, even in case something unfortunates happens to me.

I want to seek your opinion on what options i have with me and how do i go about.

Thankyou in advance 
Gautam Gaikwad
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hi, if your mother is 1st wife or second wife.......... it is better go before  the  family court for seek maintenance under section 125 of the Code of Criminal procedure, as her husband failed and neglected maintain his wife. your mother has entitled for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
it is duty of your father to take care of your  mother  as she is his lawfully wedded wife .  . i would suggest make an application under Maintenance of Senior Citizen Tribunal on behalf of your mother   for medical expenses . your mother can get upto Rs 10,000 per month
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
was second marriage performed after death of his first wife? . if your father is 79 years old dont drag him into legal hassles . for last 14 years your mother has stayed with you and your father has managed on his own . he is hardly getting pension of rs 20,000 a month which is just sufficient to survive these days . go and meet him personally and try to arrive at an amicable settlement
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1)if father has transferred hi self acquired house by gift deed then sons would be absolute owner of said house . 

2)if plot is in name of second son your father cant give you any share in said plot . 

3) fixed deposits of Rs 5 lakhs   can be given to your mother . ideal share for your mother ought to be around 30 lakhs . go and meet  your father personally. 
4) in addition please check whether your father in pension records has mentioned name of your mother as his wife . so that on his demise your mother can atleast get some pension
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
I agree with Ajay Sethi.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
your mother is definetly entitled for a decent amount of maintenance
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You can file a maintenance petition under section 125 of Cr.PC on behalf of your mother or your mother can file the same before court where she residing against your father and get maintenance from him for your mother as she is legally wedded wife of your father and unable to maintain herself.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Law has cast a duty on your father to provide to your mother finances as are sufficient for her to take care of all her needs. This is a duty which cannot be shirked in any manner. Since your father has abdicated performing this duty your mother can sue him for maintenance whereupon the court will order him to perform this duty by way of paying a fixed amount every month.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. If the house in Kolhapur belonged to your father then he had every right to transfer it to his sons. Your mother could have moved court for obtaining a stay order over the sale, but now that it has been sold no legal action can be brought by her with respect to this house. If it has been got transferred from him under force then it is for your father to move court and challenge the transfer. 

2. As regards the residential plot you can file a case for culling out your share therein as it has been purchased by selling the ancestral property. Ancestral property could not have been sold by him without your consent. Once you receive your share therein you may be better placed to lend financial support to your ailing mother. 

3. The movable property can be given by him to any one at his sweet will as he is the legal owner thereof.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1)what i meant was on his death your mother would receive the pension amount  as she is mentioned as wife in goverment records . 

2)you can file case in bangalore wherein she is currently residing .. not necessary to file in kolhapur .
 
3) i had already suggested sum of Rs 30 lakhs would bbe an ideal figure . even if your father gives lesser amount grab it provided it is reasonable . 

4) number of lawyers in kaanoon.com are from bangalore . contact any of them for legal  guidance
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. You can jolly well file the case at Bangalore i.e where your mother is residing currently. Your father shall have to appear in the court at Bangalore. Many lawyers from Bangalore are on this website, you may engage any of them.

2. In case the issue is to be settled out of court amongst all of you then you have to decide the cumulative amount which in your opinion will suffice to compensate your mother for the indifference shown by her husband over the years, the amount incurred so far on her medical treatment, future medical expenses and an amount which will secure to her a reasonable standard of living. 

3. As regards the property rights, you may lay a claim over the sale proceeds realised from the sale of ancestral property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) file suit for partition to claim your and mother share in father assets 

2)also seek orders  to set aside gift deed executed by father 

3) i had advised you to contact local lawyer from Bangalore in this regard 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Your father is at liberty to transfer his assets to anyone he so desires but he is under an inescapable obligation to provide for his wife. This liability can be enforced by your mother by filing a case for maintenance. Under 125 CrPC he is bound to make a provision to meet the basic needs of his wife as also the medical expenses incurred on her treatment,
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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