• Can a son tell the mother to stay with daughter for 6 months?

My father owned a flat in his name. He passed away in Jan 2007. After that my brother pushed us to make the flat in his name and said that he will keep mother in that same flat. My mother gifted her portion to my brother. I sold my portion of the flat to my brother. I am married and stay with my husband in another flat that is owned by my father-in-law. My husband and i dont own any property. Since the past few years my brother is telling my mother that he can take care of her only for six months and i will have keep her for 6 months. Since i dont own any flat or house, it is difficult to keep my mother amongst my father-in-law and mother-in-law, both of whom are heart patients and there are no extra rooms in our flat to keep my mother. Can my brother say such a thing ? Please help. Am I legally bound to arrange for a flat for my mother to stay for 6 months ?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Concerned,

NO in presence of the SON - you dont have to take care of your mother - your brother is legally bound to take care of your mother. Also in this case the properties of your father has been transferred/ gifted to your brother by mother and you have sold your so as he has been gifted the property my mother he is morally bound to takecare. In case he does not take care of his/your mother your mother can file a case of maintenance against him , she will 100% have orders in her favor.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

To your Surprise yes your are also responsible equally for maintaining your mother. The Bombay High court has said that a married daughter too should share the responsibility of her parents. In a particular case of Vasant vs. Govindrao Upasrao Naik, Criminal Revision Application No. 172/2014, the High Court rejected the pre-conceived notion that a married daughter has obligations only towards her husband’s family and not her own parents.

And further adding today itself there is an amendment in the act. Please refer the link below..

https://economictimes.indiatimes.com/news/politics-and-nation/daughter-in-law-son-in-law-too-would-be-responsible-for-care-of-old/articleshow/63756469.cms

But there is a way out since your mother has gifted property to brother in lieu of her maintenance she can claim residence and maintenance from your brother also if he denies she can ask for cancellation of gift deed and can occupy her share of flat.

under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007 your mother can apply for maintenance from your brother along with residence in tribunal made under the act if he denies same mother can alternatively pray for cancellation of gift deed and therefore will have her own premises.

Also brother has to pay maintenance when mother files for same under above act or under crpc 125.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Madam,

No, since your mother had gifted away her portion of flat in your brothers name. It was so done with an anticipation of looking after her by your brother. Say to your brother if he returns that property to you then you can manage your mother. All these trivial questions will be dealt with Senior Citizens Act. Since you are only a house wife you have no other source of income. Please see the above Act in FAQ format.

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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

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The Maintenance and Welfare of Parents and Senior Citizens Act 2007

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What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

a. by a senior citizen or a parent, as the case may be; or

b. if he is incapable, by any other person or organization authorized by him; or

c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?

Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?

Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any timeframe has been prescribed for setting up of Tribunals by the States?

Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?

Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?

Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?

Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?

Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?

Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.

Is any penalty/imprisonment is for the children who abandon their parents?

Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

What are the salient features of National Policy on Older Persons?

Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You are not legally bound to arrange flat to your mother to stay for 6 months

2) your mother should file suit to set aside gift deed

3) seek an injunction restraining her son from disturbing her possession of flat

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hello mam , if we talk on legal grounds only your brother is under legal obligation to maintain her and to provider her basic amenities of food and shelter .. She can approach court and file a application for her maintanance ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. The pitiable condition of your old mother is well understandable.

2. Your brother is legally bound to maintain his mother.

3. Your mother can file an application u/s125 of Cr.P.C. claiming maintenance from your brother.

4. If your brother forces your mother out of the house, then she can lodge a police complaint and then file a Writ Petition before the Calcutta High Court for a direction upon your brother to maintain her.

5. You might have noticed that such Court Orders are periodically reported in Newspapers of Calcutta.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Well, the legal obligations to take cadre of the parent lies on son only and no on married daughter.

2. So he can not force you to keep your mother with you more so when you have already married.

3. if your mother indeed leaves your mother then ask your mother to file a case for maintenance against your brother.

4 She can also file case before the Senior Citizens tribunal for additional maintenance and revocation of her gift deed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Your question: Can my brother say such a thing ? Please help. Am I legally bound to arrange for a flat for my mother to stay for 6 months ?

Answer: This is a personal arrangement in your family and you should sort it out on your own.

Otherwise there is a law called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which is a legislation enacted in 2007, initiated by Ministry of Social Justice and Empowerment, Government of India., to provide more effective provision for maintenance and welfare of parents and senior citizens. This Act make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons. After being passed by the parliament of India received the assent of President of India on December 29, 2007 and was published in the Gazette of India on December 31, 2007.Some states have already implemented the act and other states are taking steps for implementing this Act.

Therefore you and your brother should decide this mutually and make a way out for your own mother's mainteantance.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

No. You are not bound to keep your mother. I would advise you to ask your mother to approach the High Court saying that her son is not taking care of her... or ask her to cancel the gift deed to your brother by approaching the High Court. Please call for more details

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

See, when you would have entered into a gift deed then there might be a clause if added by you that your mother would be having life interest in it.

If no, then also he is bound by law as the presumption is in the favour of the mother that she gifted out of love and affectionate with the feeling that he would take care of her.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The gifted by mother should be relooked for the transfer of the property to your brother and civil suit for claiming the property title should be filed in Civil Court against your brother for not keeping his promise you keep mother with him and to look after her welfare.

A case Welfare of senior citizens act may also be filed in High court as a mandamus writ for direction.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) Shame on your brother who is asking to keep mother on guest or relative house. There is no such law your mother can stay six month outside the house. She can stay whole life outside and ask for alimony and mentioned that she had gift a flat rights to son.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

It is the bounden duty of the son to take care of his parents and maintain them properly.

Your mother can very well file a suit to cancel the gift deed by which she had gifted her share of property to your brother on this ground itself.

Actually, when you have the rights to avail the share of the property that belonged to your father, it becomes your duty also to take care of your mother.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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