• Payment of maintenance to senior citizen

We are four sons. My father was borne with 2 sisters. My grand father had purchased a no of properties and executed a will clearly mentioning that all his property should be inherited by his only son and 4 grandsons My father had expired leaving behind his widow and four sons. My elder brother had also expired leaving behind his wife, a daughter & a son. After discontinuing his studies at class 10 my younger brother settled in our ancestral house admeasuring about 40 cents and also started using acres of agricultural lands according to his whims and fancy. Because of his greed, bad company and habits he started loosing money. .After the death of my father my younger brother insisted on settling each of the properties one by one. When he wanted tro dispose of the residential property in Tirupur Town, Tamilnadu in 2011, i expressed my desire to retain the property and disagreed to sell. After a long ordial other legal heirs agreed to settle the property thru a family settlement release deed in my favour by taking the market price as consideration. Even after that the selling of property continued. In 2014 when my younger brother insisted on settlement of agricultural land admeasuirng about 7.18 acres in our native village for a nominal value much lower that the guideline value we insisted on partition. Since my mother aged about 75 is alive it was decided to partition the property into 5 parts to ensure some source of funds to meet my mothers expenses which was agreed to be divided among the other legal heirs. My younger brother misrepresented and prepared the partion deed giving 1/5 share to my mother. Subsequently he coerced her to execute two settlement deed in his favour transferring the whole of the property partiioned in my mothers name. On execution of the first settlement deed minor suit was filed on behalf of my son for his right in his grand fathers share. After service of notice for the above suit my younger brother executed the second settlement deed for the second half. Also without filing his written statement obtained time for filing of written statement and sold the entire 1.40 acres to a third party. I live in a rented house in chennai for my son's studies who is doing his class 2. I have meager income from letting out of the property settled in my name and my wife works in a private concern to enable us to meet our expenses.

Now that he has sold and bagged the whole sale price of the property in my mothers name my younger brother had pursuaded by mother to complaint against me & other 2 brothers for payment of monthly maintenance charges. I have received a phone call claiming to be the revenue inspector instructing that they have received a complaint and asking us to appear in the revenue office for enquiry. I have informed that if wrtitten summon is received i along with my attorney will appear for hearing. Wish to know are they authorised to summon for such cases. If so what remedies do i have .
Asked 5 years ago in Family Law
Religion: Hindu

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7 Answers

1) your mother is entitled to seek maintenance from her four sons if she is unable to maintain herself 

 

2) You would be liable to pay maximum amount of Rs 10000 as maintenance 

 

3) your other brothers would be equally liable to pay maintenance to your mother 

 

4) mother can take legal proceedings to set aside gift deed executed by her in favour of your brother 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

You should get a fair opportunity to represent your grievance . Collect the copies  and respond accordingly.

Regards 

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

If you have to attend the court, if summons has been received than within 30 days you have to reply and answer to that all summons questions in 90 days. As per CPC act.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

If you have been summoned over phone also, it becomes your duty to appear before the RDO before whom the complaint is pending. You can appear before the RDO and explain the entire situation including the responsibility of the younger brother to take care of her while he enjoyed her share of property.

You may also give in writing that you will face the case in court of law and not willing to pay anything to her in view of the detailed circumstances explained in person.

After that you may file an injunction suit agaisnt the RDO restraining him from proceeding in this matter owing to the reasons that he has no power to force you to settle any maintenance amount  on the basis of the circumstances.

This may bring the enquiry before the RDO to a halt at least temporarily.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

senior citizen mother can claim maintenance from her son's,  The provision in section 125 is one of general application. The provision provides the statutory recognition of the obligation that a son who has sufficient means is bound to maintain a mother who is unable to maintain herself. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes they can send you a notice for appearance in the said cases If any complaint is filed

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Dear Client 

First you should file an application for illegal selling of the land set aside the sale deed of 1.4 acre disputed land to third party.

The revenue officer don't have jurisdiction to hear case of maintenance to senior citizens so they can't even send the summons.

They only have jurisdiction for land and revenue cases like partition suits.

The remedy you have is that you can file suits for the property sold by that brother and ask him to give you your share as per partition of property.

But all the son of your mother have to give maintenance to her as per Maintenance and welfare of parents and senior citizen act.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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