• Handover my father to my brother

respected sir/madam,
my father is 85 years old and paralytic, unable to move without any help,can speak.is living with me for one and a half year, i took lot of care with all his needs including medical treatment,but now i m going abroad with my family permanently, so i have to leaving my father. i have only one brother living in the my father property and not willing to keep him, i doubt he and his wife may hurt, even life threat to my father due to his property i.e. a small house. and i have no good and healthy reletionship to my brother and at this age my father do not want any complaint type to any one against my brother , my father also diagonsed as odd behaviour, so i m very much worried about my father and what i should do kindly advice @legally.
thanks
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Muslim
1) you know your father is paralytic and 85 years old .your brother refuses to take care of your father . 

2) under such circumstances your decision to go abroad with your family permanently is absolutely wrong and cannot be justified under any circumstances . cancel your plans of going abroad and take care of your father . 

3) if you go abroad and your father is not taken care of by your brother you will have to live with guilt complex all your life .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
let your husband go abroad . you have some responsibilities towards your parents too . if he is an understanding husband he will in fact appreciate  the sacrifice you are making for your father . you can go abroad on short visits . 

in the alternative find any old age home which can take care of your father and offers decent medical treatment .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
decision in this regard has to be taken by you ,whether you want a job or you want to take care of your father
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your father can proceed under 
THE MAINTENANCE & WELFARE OF PARENTS & SENIOR CITIZENS ACT 
 An application for maintenance under this Act can be made by:- 
a) A senior citizen or a parent, as the case may be; or 
b) If is incapable, by any other person or organization authorized by 
him; or 
c) The Tribunal may take cognizance suo motu. 
The application for maintenance is to be filed before the Tribunal which is headed by the Sub-Divisional Officer. 
Transfer of property by senior citizen can be declared to be void by the Tribunal where a senior citizen has transferred by way of gift or otherwise his property, subject to the condition that the transferee shall provide basic amenities and basic physical needs to the senior citizen, and such transferee has refused or fails to provide such amenities and physical needs, the transfer shall be deemed to have been obtained by fraud or 
coercion or undue influence and shall at the option of the transferor be declared void by the Tribunal. 
The punishment for abandonment of senior citizens and whether the offence is cognizable and bailable. Whoever having the care or protection of senior citizen, leaves such senior citizen in any place with intention of wholly abandoning such senior citizen, shall be punishable with imprisonment extending upto 3 months or fine upto Rs.5,000/- or with both.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
Hi, you have to take care of your father no legal remedy available in this case.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Very aptly advised by ld.Mr.Sethi. Nothing else to add.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You can make arrangement for your father in an old age home which are coming up in almost every city. These places are equipped with all facilities/necessities of old people.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
u can leave your father in old age home. only the thing u have to pay for facilities
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
there is no solution of your problem here because as you informed that your father is not willing to file any case against him then how the law save him. first of all try to convince him for filing case against you brother then file the same before court then only your father can get help otherwise not.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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