Your mother can make application before senior citizen tribunal seek orders to direct her son to maintain her , provide accommodation , take her for medical check ups , arrange for her transportation etc
Looking after widow mother by legal heirs
My widowed pensioner mother is 82 years old woman suffering with diabetes,blood pressure and other old age ailments.She is having two sons,myself and my younger brother.Since four years after death of my father,she is living in my house with me and my wife and we are looking after her in all accepts to her satisfaction without taking any amount from her pension with all my own costs.She distributed her leftover property after my father's death like cash,gold and silver equally between our two brothers.As my wife's health deteriorated for past few months,I asked my brother to keep my mother in his house for six months in a year and look after her wellbeing and told him that,I will keep her in my house for remaining six months of the year and lookafter her wellbeing.For this,he bluntly refused this proposal on the ground that,there is no provision for her accommodation in his house,eventhough it is a very big house with number of rooms.Myself and my wife travel six months once domestically and internationally for ten to twenty days.So,I asked him to keep my mother in his house atleast for the period during which we travel by locking the house.For this also,he bluntly refused.What law says in these types of cases?Can I file a law suite against him? If yes,in which court?My mother is deaf and her orientation is not gool and she cannot attend court.Please advise me what todo.
Asked 9 hours ago in Property Law
Religion: Hindu
6 Answers
Can I file the case in district court in our town
Asked 9 hours ago
Legally, you cannot take any action against your brother, but your mother can. But, given her present health condition, it will not be a practical solution. In the circumstances, it is better to move her to a senior living home, with proper medical care.
Under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it is the duty of the children which includes both sons and daughters to to maintain their parents if the parents are unable to maintain themselves.
The responsibility is joint and several. It is not only moral but it is legal too. One child cannot escape responsibility saying “no accommodation available.” If one child refuses, the parent can seek maintenance through a Tribunal.
The case must be filed by your mother, not by you. However since she is old, deaf, and not oriented properly, you can act on her behalf (as an authorized representative).
The Act allows representation through a relative or any person authorised by the senior citizen or even a Social Welfare Officer. So yes, you can initiate proceedings on her behalf.
Alternately she can file a maintenance case under section125 cr.p.c. against him through you as her authorised representative.
You can file application stating she is 82, deaf, and medically unfit, attach medical certificate, request exemption from personal appearance. You can act as her authorised representative. Tribunals are usually sympathetic in such cases.
You cannot file in a regular civil court. You must approach Maintenance Tribunal (Usually headed by the Revenue Divisional Officer / Sub-Collector of your district).
Before filing a case you may send a legal notice through advocate to your brother stating that you have been maintaining mother alone for 4 years that you requested shared responsibility but he refused hence you are constrained to initiate proceedings under Senior Citizens Act. This my even try to resolve the matter amicably.
Your mother can file a proceeding against him under senior citizen Act for maintenance. As its duty of all children to look after their parents
Law doesn't say anything in this regard
Law would be ashamed seeing such a case
The mother gave birth to the 2 sons
Did she shuffle between them when they were small and unable to take care of themselves? 6 months I will take care of 1 son and rest 6 months I will take care of another
It's SHAMEFUL even reading this question
If one son doesn't wish to take care of his responsibility, the other son cannot raise his hands
Both sons are morally obliged to take care of their mother
If one says no, other son has to take full responsibility. There cannot be any splitting of responsibility
Any court or Judge will be shocked being seized of such a deplorable and shameful case
It will shake the judicial conscience of the court
