• About senior citizen act

Hello,
 I am 30 years old single woman working as a government teacher.My elder sister is married and working as a bank manager.The problem is my eldest brother and his wife.My father was a Principal and he got retired in March 2018.My mother is a housewife.My brother has done MBA but he is not working.He had wasted atleast 300000 lakh of my father in the name of business.He got married in 2016 and the girl's parents has given some money for their daughter.After 2-3 months of marriage they both started fighting with my parents on small issues.Daughter in law is always mentally and physically torturing all of us with his husband.She said she will attempt sucide,false dowry cases etc.In my absence they both fight with my parents and beat them.They both are living a luxury life in my home without earning a single penny.All the household expenses and their expenses are borne by me and my father.My father has given money for Daughter in law further education.We treat her very well.In March 2018 she ran from the house and warn us that she will kill herself.Thats everyday drama of both of them.They are having 1 year old son whose care is taken by my mother.From March 2018 I am living in a rented home.My parents are living at that home.My sister in law and brother have recorded our conversation on my mother and father's phone.They both warned us that they will kill us and can sharm me if i came in that home.They threaten me.my sister and parents that they will put us in false dowry case.My father is now a High BP patient and their is noone in that home to take care of them.Can you suggest what further step we should take as i can't see my parents in this condition.My brother and his wife and her parents may harm us.That house is in the name of my father.The case is of Jhansi { U.P.}.
Asked 1 year ago in Family Law from Jhansi, Uttar Pradesh
Religion: Hindu

Dear Client,

Under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007, many Courts in the country evicted abusive children, Best effective and speedy remedy.

File application before SDM ( collector Office ) , court will order eviction and injunction not to visit the house, both of them and her relatives.

No Child Can Stay Forcefully With Parents In Their House, Particularly Senior Citizens: Bombay HC Orders Son’s Eviction From Mother’s House [Read Judgment]...

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Parents should file case against son and daughter in law seek orders to direct them to vacate portion of house in their possession

2) also seek permanent injunction restraining them from disturbing their possession of house

3) also call Police helpline for senior citizens file complaint against abusive daughter in law and son

4) parents can execute gift deed transferring property in your name

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

As per Supreme Court judgement, if the house is a self acquired property of your father then no one has any right or claim over it and your brother or any one can live inthat house as per his pleasure.

2. Please consult a civil lawyer of your area and take necessary step to protect your father ‘s interest.

Sushil Jha
Advocate, Patna
283 Answers
2 Consultations

5.0 on 5.0

आपको परेशान होने की कोई आवश्यकता नहीं है। भारत सरकार ने वृद्ध नागरिकों के लिए कानून बनाया है, जिसके तहत वो अपने बच्चों को ना सिर्फ अपनी सम्पत्ति से बाहर कर सकते हैं, बल्कि उनसे अपने लिए भरण-पोषण भी मांग सकते हैं।

अच्छी बात यह है कि यह सब करने के लिए उनको बार-बार कोर्ट के चक्कर भी नहीं काटने होंगे।

अधिक जानकारी के लिए आप मुझसे झांसी में ही सम्पर्क कर सकती हैं।

मोबाइल : [deleted], [deleted]

Sumit Agarwal
Advocate, Jhansi
7 Answers

Not rated

The answer lies with the High court if the house is owned by the father to get the house vacated by both of them. The petition should also include the physical and mental harassment by son and daughter in law.

The HC may order the son and his wife to find a place to live.

By this they will be having ground to save them self from any legal problem in any untoward incident.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1. If there is a threat made to kill you then you and your father should go to the nearest police station to file a FIR for criminal intimidation under Section 506 IPC and also seek police protection.

2. You have said that they are living in your home. If the house is owned by your father then he can file a suit for eviction of his son and daughter-in-law who have no right to reside therein without the consent of the owner.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

In case your parents(senior citizens) are being physically assaulted by your brother, they should take police assistance and at anytime any sort of atrocity is meted out to them, they should not hesitate in summoning the Police.

Your father is also having the option of disinheriting his son from all of his property. Thus, he is free to disown his son and daughter in law.

Your mother is also having the option to move a complaint before the women helpline cell of UP Police and at anytime the need arises, she can move a complaint under Domestic Violence ACt.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

In the given situation, if the house property is in your father's name then he should file an injunction suit to restrain them from entering into the house and also to eject them out if they still reside inside the house.

Alternately you may take them to our house and take care of them to protect their life from the possible assaults from your sister in law.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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