• Elder daughter irresponsible issues

I'm from a hindu brahmin family. I have two daughters, elder one aged 24 has completed her education and is presently working in a private firm and unmarried .
My problem is that she is very rude , arrogant and does not give any respect to me while it's the opposite she is to her mother. I take care of all her expenses and needs and she spends her salary money for unwanted thing's with no worry for her future . It's a every day friction that my wife also takes my elder daughter side.
Where does my responsibility end legally .I want to know what are my obligations and limit to such obligations to my daughter.
Asked 5 years ago in Family Law
Religion: Hindu

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25 Answers

1) if your daughter is working she should meet her own expenses 

 

2) your responsibility is to meet her marriage expenses when she gets married 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If your daughter has reached adulthood and she has independent source of income then you are not liable to maintain her though in normal circumstances a father is liable for maintenance of daughter till her marriage is performed. 

2. She is now grown up and hence do not try to control her.  However you may try to make her understand the value of life if she is so interested. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

You can disown her now, as soon as you disown her, your legal liabilities are finished towards her.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Concerned, 

First things first , you have given your life to your children, its because of your support that she is at a place where she is today. You gave her best of the education - In India we have an inherited issue of not separating ourselves from our children. Today the times have changed , Please ask your working daughter to look for a seperate accommodation for her as she is working and she should take care of herself and her expenses. 

 

She need to take responsibility of self and life and will happen only she is pushed out of her comfort zone. PLEASE note you are no more legally bound to keep her in your house or take care of her. 

 

 

Regards 

 

 

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. Your legal responsibility to maintain her ended the day she attained the age of majority. Thereafter, she has to fend for herself.

2. A daughter after attaining the age of majority requires the permission of her father to live in the house owned by him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello,

  1. As your daughter has attained the age of majority and self sufficient, you are not liable to maintain her or spend on her of you choose to do so.
  2.  Although respect cannot be demanded it would be worth finding the reasons and address them if possible. Inform her of her responsibilities as an adult and that she will be responsible for her future for her wayward spending.
  3. However societal norms and responsibilities as a father might come to play when you strictly go by your legal liabilities towards your daughter.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Dear Sir,

Your responsibility already ended towards your elder daughter. You may ask her to shift PG center if she is not ready to mend her behavior. Your wife taking her side because she is educated and getting salary and may help her in trouble. If major girl not ready to marry then the duty of father ends there itself.  Stay away from family for few days so that they can feel your absence.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. if you are unable to maintain yourself, you can seek maintenance from your daughter under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

2. you can disown/evict her from your property

Recently Justice Navin Chawla in Delhi High Court has held that a senior citizen has a right to evict his children from the property even if no ill-treatment is done. 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

I think rather legally you should sit and talk to your daughter and wife politely and understand the issue, try to be a friend than a father. if things are really out of control you may stop taking care of expenses of your daughter as she is earning now maybe then she will understand the value of money.

Legally your daughter is major and your responsibility has ended, she is making her own decisions now. 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

1. See if she us earning and can maintain herself then in that case you have no responsibility of your daughter you can ask her to move out of your house and after your age is above 60 you can seek maintenance from her.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

As a father you have the responsibility and look after of maintaining the wife and child children but it is also the moral duty of children maintaining cordial and respectful relations with parents. It is irony to say that in present times, there is degradation of values and your daughter is also a victim of the rotten mentality. The situation worsen when one of parents (especially mother) starts supporting the wrong moves of some children. You are suggested to maintain your calm and avoid talk with said daughter, but do discuss with wife (when daughter not there) regarding the activities of the daughter and try to know the reason of such behaviour. Also have recordings of that talk so that if something wrong is done by both of them, you may be saved of some unfortunate happening. If you find the reason is of behavioural issues, you may take that daughter (with your wife) to some counsellor/psychologist to get her behaviour modified. If the things does not work out despite your all efforts, cut off yourself from such relationship in order to prevent mental harassment to yourself.     

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Parents have no Legal obligations /duty towards their Major children (more so when they are earning) and neither to major children have any inherent right to stay in Parents House (as upheld by SC judgment) wherein Parents can just simply evict arrogant /rude children from the House.

2. In your case, you may prefer to oust her from your WILL and delegate all your properties to your younger daughter only, PROVIDED such properties are your self acquired properties and not ancestral property.

3. You may also consider taking Wife & elder Daughter to a psychologist for periodic Family counselling sessions, which might change some prejudiced notions harboured against you.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello, 

She has attained the age of majority and is standing on her legs and as such you do not have any liability and as such both of you shall respect each others liberty. Also, no legal action can be taken against such behavior of the elder daughter. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She is major now and earning too. No liability of yours to maintain her and can evict her from your house.

Stop all financial support and warn her, if she repeats, you will oust her from the house.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The communication gap between you and your daughter is very high. Respect is admiring or looking up to someone because that person has done something extraordinary or possesses impressive abilities. The feeling of respect needs to come from within and you cannot force someone to respect you. Please do understand that kids and grownups cannot think straight when they are angry. They just reflexively want to fight back to protect themselves and in this case, they use hurtful words to do so. Every person has the right to think independently and like different things. Use kind and firm discipline to teach, not to punish.

Stay calm and don’t overreact when you “think” your child is being disrespectful. Give respect to earn respect. If possible settle the differences between your daughter and you through your wife. Arrange for a time to speak with your adult child. Acknowledge any changes that have altered your relationship and let your child know how his rudeness affects you. Stay calm and avoid making accusations. Instead, use "I" statements to take responsibility for your actions and emotions. Instead of saying, "You treat me badly," say, "I feel insignificant when you raise your voice at me because that feels disrespectful." Set clear expectations for behavior. Even if you rely on your daughter for support or your daughter has moved out and no longer have answers to you, you still dictated how you're treated. Explain that you expect to be treated respectfully by everyone, especially your daughter. Clarity helps to foster open communication between you and your daughter.

 

An unmarried daughter unable to maintain herself is entitled to claim maintenance under the Hindu Adoption and Maintenance Act, 1956. More over daughter to be maintained until she gets married even after attaining majority. But your daughter is major and self sufficient; you are not liable to maintain her.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Legally speaking, you have no obligations towards her once she has started earning and is self dependent. You are supporting hwr financially out of natural love and affection because she is your daughter. If she does not respect you and treats you like an ATM she should know that you can withdraw support.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hello,

I would like to suggest you to take your wife for a family counselling session. Moreover before the marriage of your daughter its your duty to maintain her. 

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

After a certain age you cannot control your children.

Especially she is over 24 years old and employed drawing a handsome salary, therefore she lives an independent life.

Your liability is to feed her food, give her accommodation, get her married decently upto your limit.

You need not meet her extra demands especially when she is employed and drawing a good salary.

Neither you can demand her salary amount over which you do not have any rights.

If she is not obeying you or you ar not able to control her, then just ignore her and don't care for her even if she is living in the same house.

Legally you cannot drive her out of your home because it becomes your duty to take care of your unmarried daughter.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can only control,Treat them the same way you would a friend.  

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "Act 2007")

The Act, 2007, amongst other remedies, provides for eviction of adult children in cases of parental abuse.

The high court has decided that even if The House is not Self-acquired or owned by the Parents, Children who abuse their parents while staying with them in their house can be evicted from the property.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You don't have any such legal obligation as she is major now

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It is the duty of Hindu Father / Mother to maintain his / her children till they attain age of majority, and that, they have to maintain a girl child till she attains age of majority and thereafter, if she is unable to maintain herself from out of her own earnings she can seek support of parents.

In your case, she is employed and working, as such, self sufficient and can support herself, thus, you need not support her.

Further, your responsibility is till you perform her marriage, and that, if you cannot maintain yourself, you can seek maintenance from yer (being senior citizen).

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- It is moral as well as legal duty of a father , if the child is a daughter , to maintain her in a good condition, and to provide her education and perform her marriage. 

- Otherwise, as per the judgment of the Delhi High Court , the elderly mother/father who are abused or mistreated by children can evict them from any type of property, whether the property is a self acquired or ancestral . 

- Hence , due her cruelty , you can dispossess her from you house or disown as well. 

- Firstly lodge a complaint against her cruelty , and give a chance to be obedient , otherwise you can file a suit for mandatory injunction against her for predisposing her from your property. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Your responsibility and liabilities will be till marriage of your daughter. 

2. You are responsible to provide maintenance and shelter to your daughter till her marriage as you are natural guardian of your daughter.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been obliged with your responsibility as a father, but it’s your elder daughter who doesn’t even respect you.
  2. I would like to apprise you that there is no where one can be forced to respect parents or otherwise, but yes, in the same way, parents are also at the liberty to spare the children when they don’t need them.
  3. Though I would suggest you to clear things with her, but still if nothing comes out then you know that you are not bounded labour of someone.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

Not only India, but probably across world, no parents have any legal obligation to support their 18 year old child. As now she has turned 24, she is  mature, think twice and try to convince your daughter. After all she is your daughter. If she did not turn up then throw out from your house.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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