1/5 of the ancestral property inherited by my father was partitioned full in my mothers name having a market price of 30 laksh. My mother had registered two settlement deeds first one for Four (4) laksh and the second one for Nil value. . My younger brother in turn had sold the entire property around the market price but registered for a consideration of 9 lakhs. In spite of the above now with the intention to extract more money my younger brother had persuaded my mother and filed a complaint with Sub collector asking for maintenance fee from me and other 2brothers.I have received a phone call in this regard, and informed that if any written summon is received will appear for hearing. Is it advisable to appear with an advocate. When she had gifted the whole of the property to one son who is living a lavish life can the Sub collector or any other authority insist that all the legal heirs should pay equally for maintenance,if so how much can they demand. Will the amount be demanded equally from all the four sons including my younger brother, or can the demand vary. In my current financial position i may not be able to pay the fixed amount monthly, can i inform that i am ready to take care of her needs at my house. Also I have purchased another ancestral property by paying the market price as consideration in 2011 from my mother and 3 brothers and duly registered the same in my name. Can my mother create any problem with reference to the family release deed registered in this regard. .
See even if gift is made to one son , other children also has to pay maintenance. There is no link of maintenance and property. See you can plead for physical care of mother the SDM can order equally to all sons.
See if consideration in respect to same is paid then in that case mother cannot claim that property back.
Advocate cannot appear before senior citizen tribunal
2) all sons would have to pay equally as maintenance to mother
3) since youths e paid consideration to mother and your siblings your property is safe
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do.
Hi,
You are suggested to appear before the concerned authority and if you wish, you may engage your advocate and present your complete facts in proper manner. It is expected that after information of all facts, the authority may relieve you on submission that you are unable to fixed amount, rather you are ready to maintain your mother at your house.
Since your mother has given a complaint with the RDO seeking maintenance from her sons induced by yor younger brother, it becomes your duty to appear before the RDO either in person or accompanied by an advocate, explain the situation and all those event including the sale of her share in the property by the younger brother who induced her to give this complaint.
Taking care of mother is the responsibility of all her sons equally, hence you may mention about the younger brother also and can furnish the details of he taking away her share in the property but refusing to maintain her etc.
If the RDO is not listening to your version or refusing to accept your explanation, then yo may file an injunction suit agaisnt the RDO restraining him from proceeding in the case before him for the reasons you may rely upon, you may discuss with your advocate and proceed.
Well, Obligatory to all sons to contribute in maintenance but higher burden is on him, as he is enjoying more benefits from mother. Or all 3 can deny maintenance as mother disinherited them, and maintenance shall be paid by him only.
How mother got property of father, through WILL or father transferred in his life time ? Released deed is irrevocable and release is in exchange of money, than in no case, your ownership can be challenged.
As per Senior citizens Act if children doesn't maintain the property already transferred from parents can be revoked and the deed can be cancelled
Dear sir
If you are not in a position to pay fixed monthly maintenance then you can offer to take your mother with you and take care of her in your house but that will be decision of your mother that she wants to live with you or not. Also if ordered you have to pay the maintenance to your mother.
And settlement deed which was done by paying the share of all the legal heirs in 2011 can only be challenged if there is some fraud done by you for obtaining signatures of legal heirs. No other ground can be there but the limitation period for challenging the deed was 3 years and it's over so no other ground can be used that ground can be used only when they prove that they don't have knowledge of settlement deed.
