Really disgusting on the part of the son to throw out the mother out of the house and advising her to seek Asylum somewhere else this is really strange that he is not aware of the detail of the will made by the father which is really surprising. for the sake of your knowledge there is an Act for the maintenance and welfare of parents and senior citizens which is passed by the parliament in 2007 which protects the rights of senior citizens as well as the parents and son and daughter of parents are liable to maintain their old age parents if they don't do it willingly they can be forced to do so. your will should be challenged for its legitimacy. it is advisable that you need to take good care of your mother otherwise it could be a problem .

any person, any NGO can go against you and complain in the police and file a petition in the High Court to excercise her rights to get maintenance for the mother.

Please read section 4 &5 of the act for your enlightenment.

Mother canfik suit and seek injunction restraint her son from disturbing her possession of the house

2) she can file suit for partition to claim her share in the house

3)son has to prove that will was executed by his father . Fike testamentary petition probate of will

4) mother can object to grant of probate

5) testamentary petition would be converted into suit and take 10 years to be disposed of

Dear Sir,

You need not worry. Mother’s interest being protected by the Senior Citizen’s Act. Please read FAQs

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

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

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:

No he cannot also he has to take care of the mother and pay maintenance for mother for care and medical expenses.

Ask mother to file a complaint before the senior citizen welfare and maintainace tribunal the tribunal shall pass such order to safeguard rights of elderly parents ask son to pay maintenance amount to mother and residence. Further though the property if given by will or transfer by father he will have sole right still mother will have all right of maintenance care and residence. Also if the mode of transfer of property can be seen and based on that it can also be challange and mother can seek her right share in property but even if mode is proper son is owner mother will have her all right of residence there as she has lived there in joint family and cannot be removed.

The fast remedy is before.the tribunal.and tribunal shall.safe guard the rights.

If his mother is not having any source of income, she can claim maintenance from her son under section 125 cr.p.c. and also senior citizens welfare act.

If this property was bequeathed by her husband on her son's name alone, then she may file a petition seeking injunction against her son from throwing her out of the house illegally other than by due process of law because she had been living with her deceased husband ever since their marriage.

Let the court decide, she can even make a similar pleading before the senior citizen welfare tribunal.

Hello,

He cannot throw her out . She should file a case under section 125 for maintenance from his son . It is the duty of her son to provide food and shelter to his parents .

Hope this helps.

Regards.

Hi,

The son can throw his parents as per his will. The mother can raise voice and ask for correct amount of maintenance as per the senior citizen maintenance act of 2007.

Hi

No he cannot throw out his mother .

File a complaint from mother's side against the elder son under the protection and care of senior citizens and parents act. This complaint will be filed in local Commissioner office.

Thank You

The old women must take assistance of Police so that she's not thrown out of this house. She being dependent on her sons, post her husband's demise, the sons are responsible to support her. With the intervention of Police, this should be sorted. If it doesn't:-

a. She must move a complaint before the Senior Citizens Tribunal.

b. File an application under 125crpc and seek maintenance.

1) No your friends brother can't throw out of tbe house at any cost. If she can complaints in the police station and get registered FIR for alimony for maintenance and home to live in this oldage.

Hello,

Mother has the right to claim maintainance from the son and also residential rights.

She can also file a FIR Against him.

Relevant Act is Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Regards

Dear Querist

being the mother, and women she may file a criminal complaint against her son before the criminal court under section 12 of the Protection of Women From Domestic Violence Act-2005 and claim protection, right to residence, monetary relief and compensation as per section 18,19,20,22 of the Act-2005.

if she has any share in the property as per the will of the owner of the property then nobody has right to evict her from this property.

Feel Free to Call

1. The Son has a irrefutable legal duty to maintain his Parents, without any exceptions. Further the Mother can move court, for her right to reside in the property of her husband, irrespective of the will clause of her Husband. This is further irrespective of whatever she may have received from her Husband's will.

2. Mother can still move court for proper Parental maintenance and care, from her Eldest son and other sons.

Keep Smiling .... Hemant Agarwal

The mother can approach the court under seniors citizens Act to get the house back in her name. The mother can also claim maintenance under domestic voilence Act and section 125 crpc before the court.