I am Mrs. Shilpi Das Chohan, a 48 years old woman writing on behalf of my mother Mrs. Pushpa Das, a senior citizen and a victim of elder abuse. My mother stays at her family home, her father’s property, in a village called Fulia in West Bengal. She chose to stay there since the time she was the only one taking care of her 96 years old mother, who is no more as well as financially help her younger brother and his family. My brother and I live in Bangalore. Sometimes she travels to stay with us alternately. However, when she lives in the village home, her sister-in-law (younger brother’s wife) along with her children aged 26 (son) and 21 (daughter), torment my mother acutely traumatising her mentally as well as physically abusing her. Although the children are now away from home pursuing their studies and career, whenever they visit home on holidays, they team up with their mother and humiliate her to the extent of threatening to poison her or kill her. They often steal, destroy or throw away her belongings to keep inconveniencing her. The sister-in-law, who is sadly my aunt, continues to do so even when her children go back to their respective places and keep abusing my mother. My father has served with the Indian Navy for 38 years, with whom my mother has lived a very dignified and respectful life. He demised 17 years ago, after which my mother moved to the village home to care for her ageing and ailing mother, abandoned by every other family member. Ironically, she took care of her mother’s needs financially too with her pension. With the same pension, she also supported this very younger brother’s family, as he wasn’t doing well financially. Further, because of her continuous requests, my husband organised to hire her brother’s son in a multinational company in Bangalore where he now works since two years, although he wasn’t academically qualified for the job. My husband’s team trained him to come up to speed and help him fit in aptly. Despite all the support my mother has extended to them for years, instead of feeling gratitude, they ill-treat her no end. Please note my mother is neither physically nor financially dependent on anyone. She is quite an active lady and not a liability to anyone so far. She takes care of herself and keeps herself occupied with her philanthropic and spiritual activities. The village house is quite spacious and everyone living there fortunately has their own space. She is being subjected to the atrocities and abuse by her brother's family there as they do not consider her to have the right to stay in her father's property or inherit any part of it that she is entitled to. No senior citizen deserves such a life in the last phase of their life. I am glad I have come across your helpline and feel hopeful. We seek your help urgently to help her live the rest of her life peacefully in a dignified manner. Please consider this as an urgent request, as matters are only worsening.
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Your mother should file suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by her brother family
3) also file complaint against sister in law and children before senior citizen tribunal and seek permanent injunction restraining them from disturbing her possession of house
4) she can also call senior citizen helpline for assistance
Since she is located in Fulia, Dist - Nadia, West Bengal, could you please help me with the regional senior citizen helpline or tribunal's number and also where should she file the suit?
1. Let her complain to the jurisdictional Police Station for their intervention in the matter.
2. Let her contact the Senior Citizen Helpline and obtain help.
as per information available online following is the address: Office Of The District Magistrate. Collectorate Building. Krishnagar. Nadia, West Bengal. Pin-741101.
Your mother has a right for a lawful share in the property.
She can file a suit for partition and separate possession of her legitimate share in that property.
She can also give a complaint against her sister in law before the senior citizen's welfare tribunal for all their acts of atrocities and cruelties and obtain a protect order.
If she apprehend danger to her life she can come out of that house and fight for her share from outside.
She should stop financing them out of her income and should not depend on them for anything.
The law guarantees the following rights for senior citizens: – The right of independence and privacy, including their right to make decisions regarding their property and place of residence, among others. – The right of protection from violence, abuse and neglect.
Elder Line 14567 is a toll-free number operational from 8:00 AM to 8:00 PM, that provides free information, guidance, emotional support, field intervention in cases of abuse, rescues and reunion of homeless elderly driven by values of Consistency, Care, Empathy and Encouragement. National helpline for senior citizens.
Nabadwip Municipality
03472‑240008
Netaji Subhas Road, Nabadwip, Nadia, 741302
Dear Client,
Your mother should consider taking legal action by filing a suit for partition to initiate the division of property by metes and bounds. This legal procedure would ensure that each party receives their rightful share of the property. Additionally, she can seek an injunction to prevent the sale of the property by her brother's family. This injunction would temporarily halt any attempts to sell the property until the matter is resolved through legal proceedings.
Furthermore, your mother should file a complaint against her sister-in-law and children before the senior citizen tribunal. This complaint should highlight any harassment or disturbance they may be causing regarding her possession of the house. By doing so, she can request a permanent injunction that will prohibit them from interfering with her peaceful possession of the property.
To receive further assistance, your mother can also reach out to the senior citizen helpline. She can contact the Office of the District Magistrate located at Collectorate Building, Krishnagar, Nadia, West Bengal, with the PIN-741101. The helpline should be able to provide her with the necessary guidance and support throughout the legal process.
Your mother should report the matter of harassment etc to the police under senior citizen Act and should also seek police protection against your uncle and his wife and children. The help line number for senior citizen is 112.
the suit will be filed where the cause of arises in case of property where it is situated
- As per Supreme Court judgement , your mother being a daughter of her deceased father , having her equal right over the property , and hence none having right to disposed her from that house legally.
- Your mother can partition the property , and if they not agree then she can file a Partition suit before the court.
- Further, for the abusive behavior , your mother can file a compliant before the magistrate under the provision of DV Act , and also in the Senior citizen Cell .
- Further, if she is not fit for filing the complaint , then you being the daughter can also lodge a complaint on behalf of your mother , against said daughter-in-law for the harassment , and on receiving your complaint they will try to contract her .
- Address and contact number is already mentioned in the website of Senior citizen cell .
