• Physical harassment to my father and mother by my younger brother and his wife

Sir/Madam, my parents being regularly Physically man handled and mentally torched by my younger brother, as 8/months back they both fought with me and my wife due to which I moved to rented house. Yesterday again they both manhandled my father and mother and we launched FIR as my brother and his wife both Lawyers they manage the case. Now they are again creating problems to my parents and trying to take them from house which is owned by my father. Further my father is a cancer and heart patient and mother got multiple fractures and BP problem their age is 68 and 63 years which makes me more worried. I am helpless as they don't want to leave the house I am restricted by them as they always try to make false allegations on us please suggest what should we do as he wanted to take over all the property.
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

your parents should file a complaint against his son and daughter in law stating therein all the facts and circumstances and if possible ask your father to disown his son and daughter in law. also your father can file a petition under section 125 Cr.P.C for maintenance.

Also you should consult a lawyer before filing the complaint and discuss all the facts and circumstances in detail

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Your father and mother can file a complaint before the Senior citizen tribunal under the senior citizen Welfare and maintenance act and can seek eviction and restriction on the younger brother to enter the house further can claim maintenance from him.

Further as far as you are concerned give a application to SDM and DM along with police inspector of that area and SP that your brother is doing such acts. They will take the appropriate action.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your parents can file complaint before senior citizen tribunal seek orders to direct son and daughter in law to vacate portion of house in their possession

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

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

File application SDM under under Maintenance And Welfare Of Parents And Senior Citizens Act...

Definite relief.

Senior Citizens Can Seek ‘Interim’ Ejectment Under Maintenance And Welfare Of Parents And Senior Citizens Act...

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

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your parents should ASAP initiate proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and seek eviction of your brother and his wife from the property of your parents'. Your brother and his wife have no right to stay in the property against the wishes of your parents'.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Yes sir he will be eligible an senior citizen over age of 60 both your mother and father can file under the act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your father can file case before senior citizen tribunal

It is immaterial whether he retired from army or is a civilian

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

condition for claiming maintenance under this Act is that the persons must be unable to maintain themselves from their own earnings.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

hello

your brother and his wife have crossed all limits of decency and hence you did the right thing by filing an FIR.

a suit should also be filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which is a legislation enacted in 2007, to provide more effective provision for maintenance and welfare of parents and senior citizens. This Act makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides a simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.

A senior citizen including a parent who is unable to maintain himself from his own earning or out of the property owned by him is entitled to get relief under this Act. Children/grandchildren are under obligation to maintain his or her parent either father, mother or both. Likewise, a relative of a senior citizen is also bound to look after the senior citizen. If such children or relative is not maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance. Such parents/ senior citizen can file an application before the Tribunal, claiming maintenance and other reliefs from their children/relatives as the case may be.

Such application for maintenance can be filed by the senior citizen or a parent himself, or if such a person is incapable, then by any other person or any registered organization authorized by him. The Tribunal can also suo-motu take cognizance of the case. After receiving the application the Tribunal may issue a notice to the respondent-children/relative and provide them time to furnish their reply. Such application for maintenance should be disposed of within 90 days from the date of service of notice of the application to the respondent. However, the Tribunal can extend the time for a maximum period of 30 days in exceptional circumstances after recording reason. The Tribunal is having the power to allow interim maintenance pending disposal of the case. Even though the application can be filed against any of children/relative as the case may be, such respondent-children/relative can implead another person who is liable to pay maintenance.

If such children/relative who are directed to pay maintenance fail to comply with the order of tribunal without sufficient cause, the Tribunal may issue warrant for levying the due amount from them in the manner levying fines and can also sentence the erring respondent to imprisonment that may extend to one month or until payment made whichever is earlier. The Tribunal will not issue Warrant to execute the order of maintenance if such petition for execution is filed after a period of 3 months from the date on which the maintenance is due. The application under this Act can be filed before the Tribunal in any district, where the applicant resides or last resided or where children or relative resides. The evidence of proceedings shall be taken in the presence of children/relative against whom relief is sought and if such respondent is willfully avoiding service of summons or neglecting to attend the Tribunal, the Tribunal may proceed and determine the case ex parte.

your father being in the army does not come as a hindrance in filing the case.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

You need to meet your petition as a mandamus writ in the High Court under the maintenance and welfare of parents and senior citizen act 2007 read with section 323 IPC.

In case the property is owned by the father then you can also pray to the court to get the erection of son and daughter in law from the house.

this is not material that the opposite party is an advocate normally High Court take it differently.

Irrespective of their profession the High court orders will be based on the Law

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since they are behind the property of your father, they are adopting such types of illegal activities.

Your father should immediately transfer the property to your name or somebody else's name and then approach senior citizens welfare tribunal for relief and protection against them.

They will not remain silent even after this hence a complaint in the bar council against them will make some difference..

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Since he is a retired army personnel he may be drawing pension, hence he may not be eligible for maintenance.

But he can approach the tribunal for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Ever person who is 60 years of age and above.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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