• Responsibility for taking care of ageing mother

My father died of heart failure few months back. I am left with my mother and grandmother at home. My mother was diagnosed with multiple myeloma cancer last year and under going treatment for the same. Due to her health, she is unable to look after her mother in law, who is quite old and requires assistance for everything. My father has an elder brother and a sister. Who is responsible for taking care of my grandmother as per law?
Asked 5 years ago in Family Law
Religion: Hindu

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18 Answers

Please move on behalf  of your grand mother  an application under section 5 of of the Maintenance and welfare of the Senior Citizens and Parents Act 2007 before Maintenance Tribunal in your area.

You may Google The Maintenance Tribunal in your area. You will get relief within 90 days of filing of your application before the Tribunal. 

Elder brother of your deceased father is responsible for taking care of your grand mother and mother as per The Maintenance and Welfare of Senior Citizens and Parents Act 2007.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Elder brother and sister are required to take care of aged mother 

 

mother can file application before senior citizen tribunal seek maintenance of Rs 10000 per month. from her children 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. A son has liability to maintain his mother. A daughter in law has no legal obligation. 

2. Therefore your grandmother through you can file case under section 125 crpc and Senior Citizens Act .

3. By those cases the court is bound to pass order of maintenance. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See all the family members including elder son and daughter of your grand mother has responsibility to take care of her. She can file a complaint before Senior citizen welfare and maintenance tribunal if family members refuse to take care of her or maintain her.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, They are also responsible as per the natural law. But in Indian such law is not enforceable as per the Constitution each person has given individual rights, that's why some main old-age homes are opened.

 

You can have family meeting and put all your mother's issue and medical condition of today's in-front of them or arrange a maid for both to look after them in the home.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes responsibility of all the children to maintain the parents and in your case it is your responsibility to maintain your mother your grandmother this is not very clear in terms of the maintenance by other persons in the family for the direction you have to approach to the high court by filing a mandamus writ petition in this regard and get the direction of the court so that others may also be made responsible for the maintenance of your grandmother.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

your uncle and aunt are legally responsible for taking care of their mother.

 

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

It is the filial and pious duty of the children to take care of their old age ailing parents. 

That way,  upon the passing away of your father,  the duty and responsibility of taking care of his mother shall automatically fall on the shoulders of his surviving siblings. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In my opinion, you may lodge a complaint with Senior Citizen Tribunal and with Police against the elder brother and sister for maintenance of their mother since your mother is not in position to take care of her mother and you are also taking care of your mother  By doing this, there should be some reaction from the end of brother and sister of your brother.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

You all are responsible for taking care of her.

This more of a moral question rather than a legal one.

So talk to them and take good care of old lady.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

All three children of your Grand Mother (GM) are equally responsible to take care of their Mother i.e., your father, uncle and aunt.

Since your father is no more, you and your mother performed your duties of taking care of her till now, and that, due to her own medical condition, as she is not able to take care of herself and her MIL, it is the duty of your uncle and aunt to support your mother in taking care of your GM. 

Have a dialogue with them, and work out a mutually acceptable / agreeable solution i.e., placing GM in Old Age Home or arranging a paid nurse / attendant at home, which expenses can be shared among all of you. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

File an complaint under senior citizen Act or application under 125 crpc if they are immediate parents for their maintenance and wellbeing. It's their legal duty to maintain them under law

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

-  As per law, for the maintenance of parents or senior citizens, their children/grandchildren, both male and female are responsible/liable to pay maintenance to parents and grandparents.

- Further, in case the parents or senior citizens don’t have any children or grandchildren, they can claim maintenance from their relatives. as follows:

1. The relative must be a major.       2. The relative should have sufficient means to provide maintenance.

3. The relative should either be possessing the property of the senior citizens or they will inherit the property after the death of senior citizen.

4. In case there are more than one relative, who are likely to inherit the property of the senior citizen, then maintenance must be paid by relatives in proportion to their inheritance of the property.

- Hence firstly elder brother and sister of your father is responsible for the same , otherwise if they are not financially sound then daughters as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

The grand mother is eligible for the care and maintenance by all the legal heirs including you, your uncle and aunt. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

All the children are legally obligated to tske care of their parents. It all depends upon your mutual understanding.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Every one. And in your case elder brother due to inability of your mother to look after her.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

all the children's are responsible. even Daughter-in-Law & Son-in-law too would be responsible. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Both your mother and her family and brother of your father and his family are responsible for taking care of your grandmother. 

2. If they doesnt take care of your grandmother then she can file suit for maintenance under Maintenance and welfare of parents and senior citizen act.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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