My 83-year-old ailing mother lives by herself at Ajmer by herself. I live in the USA whereas my eldest brother and elder sister are both settled in Jaipur and they refuse to take care of my mother in any way. My eldest brother does not take her calls and has visited her a maximum of four times and only talked to her only as many times. Every visit has been for his own interests. My sister has also refused to do anything for my mother. My mother feels so helpless and has bouts of depression and as of four days back is bedridden. My brother does not respond to my communication now and sister refuses bluntly to do anything at all. How can my mother get justice under the mentioned act "Maintenance and Welfare of Parents and Senior Citizens Act, 2007"? what is the procedure, documentation etc required to make an appeal?
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Contact a local NGO for assistance
call police helpline for senior citizens for assistance
ypu can make application under provisions of DV act seek orders to direct your siblings to pay maintenance to your mother ,take care of her
you can admit your mother in senior citizen home
Under Section 4 of the Act the senior parent/citizen or any provision authorized by him/her can submit an application of maintenance to the Tribunal which is headed by Deputy Collector. Tribunal has power to order interim maintenance from children. Tribunal will issue notices to children/respondents after hearing them pass final orders. Children made respondents can impleade other children as respondent. If children fail to make payment of maintenance ordered, the same will be recovered from as levy of fine and they may be sent to jail for the part of period the maintenance remains unpaid. Tribunal has all the power of Civil Court for enforcing attendance of respondent. The procedure is summary. An application can be made with proof address of senior citizen, proof of age, proof of relationship with children like Aadhar, driving license, passport, voter id. Etc.
A complaint has to be filed before the SDM/DM BY YOUR MOTHER STATING that her children refuse to take care of her. The authorities will order accordingly. Engage a local lawyer.
Before you plan to take legal action agaisnt your siblings, you should realise what you have done to take care of your old aged mother and towards her age related ailments.
Your mother can approach the senior citizens welfare tribunal for maintenance alone and she cannot force the unwilling children to be with her always.
Your mother with frail health cannot approach the court or tribunal on her own, she needs someone to support her to file any case or even to get out of the house for all her needs.
There is law to come to her rescue under the said circumstances including the law what you have referred to herein above.
However your mother has one more child besides her two children, in that situation, she may have to implead you also seeking relief against you too along with her other children, what can you do then, can you deny to take care of her owing to the practical infeasibility conditions you face.
The court may ask you that why you have not taken steps to take care of her at least by arranging some domestic help or servant maid to help her at house?
Or do you have anyone to support her to file the said cases against your siblings?
Under section 5 of the act:
5 Application for maintenance.
Dear client, I am sorry to hear that but in this case you mother can file a case before the Court under crpc and seek maintenance for her from her children
My mother has enough resources through her survivor pension as well as help from me (youngest son living abroad) but its the agony of complete abandonment by the two elder children living close by who refuse to talk, meet, keep with them or even allow a visit for even one night or a week. They refuse to make any arrangements not involving money. They both teamed up earlier to take control of her very good pension, her account, but now that I stopped that, they stopped visiting and talking all together. even before that for years, they did not help her or let her visit. My mother does not want to live abroad due to social life issues but I do visit her a minimum of two times a year and make all arrangements even now when she just got bedridden I do want the other two elder siblings to be held accountable as they will still stake a claim to the inheritance. please let me know what are the options in Ajmer/Rajasthan given the background I have provided.
The law cannot force the unwilling children to be with their mother, take care of her and talk to her or visit her once a while.
It is individual decision and willingness.
Inheritance is a different subject.
Maintenance is also a totally different subject to that of what you refer here.
Your siblings cannot be held liable if your mother falls sick because of their lack of interest in her.
Mother should call up the senior citizen helpline for assistance
they would force your siblings to take care of your bed ridden mother
mother can also execute gift deed bequeathing her property to you
gift deed should be duly stamped and registered
It is the emotional support that they are not providing to mother. The Tribunal has power to pass order directing sons/daughters to make a visit to her once a week alternatively and forcing them to stay on weekends. But Tribunal cannot control their behaviour in her company. Law is helpless in this regard. But you can give a try to such arrangement. You can also install CCTV cameras to have a look at things going on. One practical solution is to keep nurse to take care of her 24/7. Such service is now available in all big cities and I have an example of my close relative availing such service, she is happy with that.
Dear client, I am sorry to hear that but in this case your mother can file case under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
She has a right bit if she is well enough to maintain herself she can't claim monetary benefit
