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 2 months ago in Property Law
Religion: Hindu
11 Answers
Can I file the case in district court in our town
Asked 2 months 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
Law is meant for rule book , not for human emotions.
It is really a matter of great plight as to how one son refuses to take the most pious job like taking care of his own mother.
Coming to the point the litigation will do little to solve this problem. Take this a providential opportunity to care for your mother exclusively. During the days when you or wife leaves you may arrange a care giver to look after her.
It is a rare scope in life all you can get all the blessings of your mother which your bother is surely deprived of. Leave your brother as he is. One day he will repent for sure.
Both are bound to maintain your aged mother and by citing reasons you cannot escape.
This will be his reply!
If he is not interested to maintain his mother, then your mother may not be happy to live with him and she will be cursed by your brother and his wife.
Instead, find ways to get her admitted in senior citizens care centre.
G.Rajaganapathy
Advocate
High Court of Madras
Dear client,
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in India makes a mandatory obligation of the act for both sons to ensure the maintenance of the mother. The obligation is not discretionary or optional. Your brother cannot choose not to. If the senior citizen cannot support herself/herself, then both children would be responsible for her food, medical, and residence arrangements.
You can present your complaint to the Maintenance Tribunal at your location. There, your brother can be ordered to support her maintenance or arrange properly for her stay. As your mother is mentally not very sound and cannot possibly attend court, you can present your case on her behalf, your being her son.
The law says children have to take care of their parents. The answer is yes; you can definitely take action on that. The first thing I would recommend is to send him a legal notice through a lawyer; otherwise, you can proceed to the Maintenance Tribunal of your area.
If you have any quiers please fell free to contact us
You can file case on behalf of your mother before senior citizen tribunal
if your mother is physically or mentally unable to visit the tribunal, she can authorize you to act on her behalf.
Under Indian law, both sons are legally bound to maintain and look after their aged parent, irrespective of how the property or assets were distributed earlier. The obligation to maintain parents is statutory, personal, and independent of inheritance. A son cannot avoid this duty on the ground that he lacks “space”, unwillingness, or inconvenience.
The primary law applicable in your case is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Act casts a legal duty on children and legal heirs to maintain senior citizen parents and ensure their physical needs, medical care, and residence. Refusal to look after an aged parent, especially when the parent is infirm, deaf, and disoriented, is treated seriously under this law.
Your brother’s refusal, despite having the capacity and means, amounts to neglect under the Act. The law does not require that both sons keep the parent under the same roof simultaneously, but it does require that care responsibilities be shared or that maintenance arrangements be made so that one child is not unfairly burdened.
Importantly, proceedings under the 2007 Act are summary in nature, do not require lengthy trials, and are designed to protect senior citizens who cannot attend court due to age or illness. Your mother need not personally attend. Proceedings can be initiated through:
- A legal heir acting on her behalf, or
- An authorised representative, or
- Even a complaint by a concerned person
The appropriate forum is not the District Civil Court. Cases under this Act are filed before the Maintenance Tribunal, which in Andhra Pradesh is generally presided over by the Revenue Divisional Officer (RDO) or Sub-Collector having jurisdiction over the area where the senior citizen resides. Since you are in Tirupati, the case can be filed before the competent Maintenance Tribunal in your district.
The Tribunal has the power to:
- Direct your brother to share responsibility of residence and care, or
- Direct him to pay monthly maintenance to your mother, or
- Pass orders ensuring that your mother is not left unattended during your absence
- In appropriate cases, pass protective and welfare-oriented directions
Given your wife’s health condition, your travel obligations, and your continued selfless care for four years without taking a single rupee from your mother’s pension, the equities are strongly in your favour. Courts and tribunals under this Act are sensitive to such factual realities.
If required, the Tribunal can also consider medical certificates regarding your mother’s condition and your wife’s health to pass suitable directions without insisting on personal appearance of your mother.
As a practical step, you should;
- Collect basic medical records of your mother
- Prepare a brief written history of care provided by you since your father’s death
- File an application before the Maintenance Tribunal seeking shared responsibility or maintenance from the other son
To answer your specific query: No, you should not file this matter in the District Civil Court initially. The correct and effective remedy is under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the Maintenance Tribunal in your district.
