• My mother cares for elderly sick mother receives no help

Hello sir,
      My mother is a 60 year old housewife(living in mumbai) who is caring for my maternal grandmother i.e. her mother since 11 years . My mother lives with my dad who is the sole earning member and semi retired. My grandmother is infirm and also mentally unstable. my mother has 4 brothers who all live in mumbai all earning well. never have they offered to share the financial or the caring responsibilities. my mother is almost on the verge of a nervous breakdown . our family property has not been distributed or settled and the brothers want a share in everything. my question is can we legally make them responsible for caring for her and contributing financially.
Asked 10 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) your grand mother can make application to senior citizen maintenance tribunal and seek maintenance from hr sons

2) in the alliterative grand mother can make application under section 125 Cr Pc and seek maintenance from her sons 

3) An application for maintenance may be made  

by a senior citizen or a parent, as the case may be; or
if he is incapable, by any other person or organization authorized by him; or
the Tribunal may take cognizance suo motu.
Ajay Sethi
Advocate, Mumbai
24580 Answers
1316 Consultations
5.0 on 5.0
Your grandmother's children are legally obligated to maintain her financially. If they abdicate this duty then your grandmother can file a petition for maintenance against them under domestic violence act. 
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
1. Yes , the sons of your grand mother are also liable to maintain their mother for which your grand mother can file case for maintenance against them.
2. However default of maintenance is no ground to avoid their share in the property which your grand mother will leave at the time of her death.
Devajyoti Barman
Advocate, Kolkata
5793 Answers
63 Consultations
4.9 on 5.0
File a suit under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Please note that under this act, only the District judges are empowered to hear the case and cases need to be disposed of within 60 days. 
Use this act to ensure that your grand mother does not suffer and all her siblings take equal responsibilities in taking care of her physically and financially.
Rajgopalan Sripathi
Advocate, Hyderabad
910 Answers
54 Consultations
5.0 on 5.0
My mother is a 60 year old housewife(living in mumbai) who is caring for my maternal grandmother i.e. her mother since 11 years . My mother lives with my dad who is the sole earning member and semi retired. My grandmother is infirm and also mentally unstable. my mother has 4 brothers who all live in mumbai all earning well. never have they offered to share the financial or the caring responsibilities. my mother is almost on the verge of a nervous breakdown . our family property has not been distributed or settled and the brothers want a share in everything. my question is can we legally make them responsible for caring for her and contributing financially.

Yes your grandmother is very much entitled to claim maintenance amount from all her sons under section 125 cr.p.c., if she is not able to attend the court, you may get a power of attorney deed from her in your favor and fight the case for her on her behalf through a competent lawyer. 
T Kalaiselvan
Advocate, Vellore
15191 Answers
138 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
15191 Answers
138 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24580 Answers
1316 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12681 Answers
260 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5793 Answers
63 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3619 Answers
137 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
520 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
910 Answers
54 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1943 Answers
19 Consultations
5.0 on 5.0