Dear Sir,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them and also get open the locked flats.  Few FAQ's are as follows:

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The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and

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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 life and 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.

your mother can file application before senior citizen tribunal seek maintenance of Rs 10,000 per month from her 4 children 

2) she can file application under senior citizen act as results are faster 

3) mother cannot go in for reverse mortgage without consent of her children as father died intestate 

4) file private complaint against brother before magistrate court under section 156(3) of cr pc as police have not filed FIR against brother for theft of her jewellery and cash 

5) you can appeal against injunction order 

1. Mother can file an application before the Senior citizen welfare and maintenace tribunal for monthly maintenance and physical care agaisnt all children . The Senior citizen welfare and maintenace act provided for welfare of elderly citizens.

2. Senior citizen welfare and maintenace act 

3. See all children shall have right in property so for that alone mortgage cannot be made. Khata doesnot give her right of ownership.

4. Agaisnt brother mother can file a FIR in police station claiming the valuables. If police fails to act the complaint can be directly filed before magistrate 

5. See in suit properties since there is no will all children has equal rights so that at this moment cannot be canceled 

under section 125 Crpc the mother can file a suit before family court for claiming the maintenance from children's and Maintenance and further mother can file a case under Welfare of Parents and Senior Citizens Act, 2007 for maintenance and welfare of parents and senior citizens.

Dear Sir,

Your mother can get property reversed in her name under the provisions of Senior Citizens Act. Please see FAQs as follows:

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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.

File application u/s 125 Cprc for maintenance.

Under welfare of parents and senior citizens act she can reclaim her valuable Jewellery and cash or file criminal case against him.

File court complain.

By recent order of supreme court, stay order vacates after six months if not extended by speaking order.

She can claim under 125 CRPC application. She can demand all the aforesaid also under the senior citizens Act.

1.Your mother or any parents/senior citizen can file an application before the tribunal to claim maintenance from children as provided in maintenance & Welfare of Parents & Senior Citizen Act, or can also claim maintenance as per sec 125 of CrPC

2. YES

3. she cam mortgage onle her share, for complete property she requires consent of all legal hier (other children)

4. read above point

5. file a complaint in the court as per sec 156(3) Cr P C

6. contest the case,

better to consult a prominent lawyer along with relevant document, as advise, without an intensive reading of docs, is almost impossible 

1. Your mother can file a maintenance case under section 125 cr.p.c. against other brothers before a family court.

2. She can claim maintenance under section 125 cr.p.c. 

3. No, all of them have to sign as legal heirs of the deceased 

4, No.

5. The police complaint has to be followed up through court of law.

6. File a petition under order 39 rule 4 with the reasons you rely upon seeking to vacate the injunction order.