I am a son of first wife of my father.After the death of my mother,my mothers sister who had no children took care of me and my father again married (second marriage).i also have a elder sister (first marriage child).All our (for both my sister and me)expenses right from childhood to studies were from the income earned on agriculture land that was given as a dowry to my mother.My father didnt fund any of his earnings not even to our marriages .But after my sisters marriage the share of the land is given as a dowry to her.My father never shared any of his retirement benefits to me .He also sold all the ancestral property of my grand father providing share to three (3) daughters first even though they are married before 1986. Now he goes for Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and court gives a judgement of 5000 for initial maintenance in the process of case. Now i also have a responsibility of my mothers sister maintenance.So i am over burdened.Please provide me a solution.
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under provisions of senior citizen maintenance act you are bound to maintain your biological father
2) even if your father never paid for your educational expenses then also you are bound to maintain your father . you have not mentioned what is your income and what is the amount of retirement benefits received by your father
3)sum of Rs 5000 is reasonable amount
Hello,
1) Provisions under the Act gives your father entitlement to claim maintenance from you and as interim maintenance is ordered it further ratifies the position of law.
2)You need to move a petition before the court explaining the circumstances and liabilities that you have and that you are incapable of paying such amount.
3) Under law you can challenge the alienation of ancestral property by your father in a court of law.
4) Though your father didn't support you financially, the law still supports and provides for the support of the dependent father against his children.
The parents have the right to be maintained by their children. The duty to maintain the parents can be enforced through judicial orders. However, the court has to be satisfied that the parent who has sought maintenance is not self sufficient. Furthermore, the liabilities of the son/daughter have to be factored in. It is only after applying this twin test that the court can fix the quantum of maintenance. If this twin test has not been properly applied by the court then you may challenge the court order in the higher court which can either set aside the maintenance in entirety or reduce it.
As per Sec 20 of the Hindu Adoption and Maintenance Act, 1956 the obligation to maintain parents is not confined to sons only, and daughters also have an equal duty towards parents. Out of three daughters,one daughter (my elder sister)is working as central govt employee had received shares in the agricultural land and share provided in the recent (2013)sale of ancestral property by my biological father.My point is why she is not made responsible in providing the maintenance of biological father? Even though i earn 46k per month ,i maintain my mothers sister paying her Rs6000 in a decent old age home and also my biological father paying Rs5000 per month. Now as my retirement age is very near ,i have to plan for a house .My grand father(expired) had a house and i believed all these years atleast i can get that house from my father.But recently (2013)he sold that house giving me least share (48.4 Square Yards)after sharing with all the three daughters. Can i get justice?
If your sister is working and is central govt employee your father can claim maintenance from working daughter too
2) your father can dispose of his inherited property as he pleases . It is not mandatory that father give you any share in property
It is for the parent concerned to decide as to which child he is going to proceed against to claim maintenance. You can contest his claim if you have evidence to prove that he is self sufficient. Furthermore, if the court below has not factored in your liabilities then you may challenge the maintenance order in the higher court.
Now he goes for Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and court gives a judgement of 5000 for initial maintenance in the process of case.
Now i also have a responsibility of my mothers sister maintenance.So i am over burdened.Please provide me a solution.
If the court has already passed a judgment in this regard, you can file an appeal before the appellate court with the reasons what you have stated.
Since the girls have been given considerable amount towards their marriage they also may be included for providing maintenance to him.
The court may, considering your poor economic background, may consider atleast reduction of the award granted by the lower court.
Even though i earn 46k per month ,i maintain my mothers sister paying her Rs6000 in a decent old age home and also my biological father paying Rs5000 per month.
Now as my retirement age is very near ,i have to plan for a house .My grand father(expired) had a house and i believed all these years atleast i can get that house from my father.But recently (2013)he sold that house giving me least share (48.4 Square Yards)after sharing with all the three daughters.
Can i get justice?
These things what you have narrated above are to be brought to the knowledge of the appellate court properly.
Why did yo not raise this issue in the trial court itself.
What was your lawyer doing in the trial court.
He/she could have brought this fact to the knowledge of the trial court properly while seeking to repudiate the claim made by her.
Anyhow, make sure that these things are highlighted in the high court in the appeal.