• Mother claiming monthly maintenance from sons

I am a 70 year old widow with several health issues. My husband passed away in 2002. I have no house or any other property. I have 2 sons 50 yr and 45 yr old and a daughter 39 year old. My 3 kids are well educated. Since 2000 my daughter has been taking care of me even after she got married in 2007. She has rented out a place for me and staying with me with her 3 year old daughter though her husband is working at a different place and stays alone. My daughter could not continue working because of me after her marriage and stayed with me maximum time. Now my daughter's financial situation is not good and facing diificulty. I have requested my sons many times for financial help but they have denied and even dont allow to visit their place. I want to claim monthly maintenance from my sons but cannot afford a lawyer for court matters as i dont have a penny. My daughter and son in law are already doing a lot financially and in all other possible ways. Please advice me on the matter. I had approached Pune legal services authority, though they have suggested lawyers but either lawyers dont take this case or asking for 40 to 50000 rs for the case. Please tell me if theres a way i could take up the matter in court.
Asked 8 months ago in Criminal Law from Pune, Maharashtra
Religion: Hindu
I would suggest you to seek help of local Senior Citizens Maintenance Tribunal which is generally run by the office of DM/Collector.
There you do not require any lawyer nor legal knowledge. A simple application can do the needful on which basis the tribunal would pass an order of maintenance.
Otherwise seek help of Legal Aid Authority.
The fees of 40-50 k is surely astronomical.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
1) you can move senior citizen tribunal and seek maintenance from your 2 sons for upot Rs 10,000 per month 

2) the tribunal has to pass orders within 90 days and if amount is not deposited within period of 30 days then  you  would be entitled to recover maintenance amount with interest 

3) it is not necessary for you to engage a lawyer 

4) in the alternative you can make application under section 125 Cr Pc before family court and seek maintenance from your 2 sons 

5) if you cannot afford legal fees contact district legal aid center in your city

Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
you should file a complaint under section 4 of  THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

Under this act “maintenance” includes provisions for food, clothing, residence and medical attendance and treatment. 

This act impose obligation on the children to maintain a
 senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

you may apply for free legal aid before legal service authority. authority is bound by the law to provide such aid to needy person. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
1) you can file suit to claim share in flat purchased with your money and seek injunction restraining son from selling the flat 

2) i presume you paid by cheque and you have evidence of funds transferred to his account 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
file an application before the District Judge for free legal aid because it is duty of the legal service authority (LSA) to provide free legal aid to needy person. Every month the District judge dispenses money for free legal aid. LSA has separate fund for this purpose. 

LSA cannot told to meet some panel of lawyer instead of it LSA self appoint a lawyer out of the panel. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
you can get back your money from your son if you have some evidence to prove that it was given by you to them . otherwise you have to fight long battle for it. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
Hi, you have to file a petition under section 125 of the Criminal Procedure Code for maintenance against your sons.

2. Contact one advocate or the other who will help you in the matter for filling a petition under section 125.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Please advice me on the matter. I had approached Pune legal services authority, though they have suggested lawyers but either lawyers dont take this case or asking for 40 to 50000 rs for the case. Please tell me if theres a way i could take up the matter in court.

If you have to file a maintenance case, you can file the same as a party in person too and can also give an application to the court itself stating the legal aid may be directed to help you conduct the case through any panel lawyer at free service owing to your poor financial condition
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
When i call lawyers, they say they cant take up case or ask for too hefty fees, which i cannot afford to pay.  While claiming monthly maintenance, can i also claim money which my sons took from me which was kept for my daughter's marriage and later didnt give back and my daughter had to take a personal loan from bank for her marriage which was repaid by my son in law. That was the only money i had after my husband passed away, kept for daughters marriage. That money was used by my 2nd son to purchase 1 bhk flat. Do i have a share in his flat as it also has my money?

The suggested lawyers cannot demand money because it is a free service and they are supposed to do free service.  You can inform the legal aid about this demand, they will arrange another advocate who will render free service.
About the money given to your son, if you have any proof you can claim it but that also it should be within 3 years from the date of giving it to him.  You cannot claim a share in his property. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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1. It is the inescapable legal duty of children to maintain their parents who are in the evening of their life and do not have an independent source of income of their own. 

2. The lawyers who are on the panel of DLSA are paid by the state to represent those who cannot afford a private a lawyer. So they cannot seek any fee from the litigant. You should directly move a complaint to the District & Sessions Judge who is ordinarily the chairman of DLSA.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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