• Son threatening old parents

Hi,

My elder relative is in trouble. They live in rohtak.
Man is old having age of 70 yrs old and his wife is paralytic for last 5 years and cannot speak.

They are living with thier son and wife but thier son and wife misbehave and threaten them a lot. Last time they left home and send them legal notice to leave house. But after thier son further request, they went back to same home and living with them now.

Now again they are behaving wrongly and threatning them.
Old age parents want to leave home but their son is not allowing them forcefully as he thinks that if they go this time, then will file case for property. Since his mother is paralytic and cannot speak he is not allowing her to go and threatning parents. Father can leave home but he dont want to leave his paralytic wife with them.

What can we do now to get them out of house? They are old and cannot much act by themselves..

What legal action that can be taken... through police and court...And how much time it will take??
Asked 3 months ago in Criminal Law
Religion: Hindu

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14 Answers

Any friend of them or relative can complaint to the Collector under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and seek protection from police to leave the house. They can also get a order of payment monthly maintenance from their son. If there is any property gifted by them to son the same can be recovered from him. Son will be ordered to make a separate arrangement for them to reside and provide maintenance.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

File complaint against son and daughter-in-law seek orders to direct them to vacate portion of house in their possession 

 

2) seek permanent injunction restraining them from disturbing their possession of house 

 

3) they can also call senior citizens helpline for assistance 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

The elderly parents have to firmly decide to leave the place or make their son to leave their house property.

If they are forcibly stopped by their son, they may have to lodge a criminal complaint against their son or approach the senior citizens welfare tribunal and seek a direction to evict their son who ill-treats them and torturing them 

Until they decide to take any action they cannot be rescued from this situation.

If need be they can take the help of any close relative to assist them to take proper legal steps as per law in this regard

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. The parents should immediately file a criminal complaint and get a FIR registered against them.

2. Additionally, the father can file a complaint before Senior Citizens Tribunal to get the son and his wife evicted.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Sir

Immediately call police and they will help fast. There is a helpline also for old people. You can find the number online and for any further help you can contact me and you can find me also online.

Regards

gmguptaandassociates

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

File a case under the senior citizens act for their eviction.

File an FIR against them so that the police may take adequate action against them.

He should leave the house if he wants. He should file a petition in the high court and the high court will issue appropriate orders to tge police which will accompany them.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Wrongful confinement criminal intimidation hurt grievous hurt. You should write doen the whole sequence of events/incident and the police will apply the sections.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

File police  complaint under section 504 506 of IPC for acts endangering peace and criminal intimidation 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Filing a police complaint against son and daughter-in-law is the speedy steps, if it is not getting remedy then approach the judicial magistrate court and file Domestic violence case under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 

The old peoples can file injunction application against the threat of Son and his wife.

Ajay N S
Advocate, Ernakulam
3931 Answers
83 Consultations

5.0 on 5.0

File an application before the magistrate under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Nikhil Gupta
Advocate, Yamunanagar
37 Answers
1 Consultation

4.0 on 5.0

A complaint can be given to the local police stating that he is threatening them and is illegally confining them inside the home against their willingness.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear sir,

1. You can file a complaint before the Deputy Commissioner/District Magistrate 

2.  As per the Maintenance and Welfare of Parents and Senior Citizens Act, the abuser can be charged and may be granted imprisonment for 6months or 10,000 or both

Thank you

 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

FIR is liable to be registered under Sections 323, 341 and 506 IPC.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

- They can lodge a compliant under the provision of Senior citizen Act against them , and also evict them from the house legally. 

- Further, this compliant can be filed by anyone on behalf of them after narrating the harassment. 

- Further, as per Supreme Court, the parents can evict their child for mistreat ,hence they can file a case before the court for evicting them . 

- Further, if they are the owner of the said house , then they can gift that property to any person as per their wish to teach lesson such son and daughter in law., and the said son having no right to claim 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

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