• Care and support of the elderly by sons

My parents came to live with me some 22 years ago. I am married and living with my husband and son. One of my brothers is mentally ill and the other younger brother is well settled in Mumbai holding a high profile job but is refusing/avoiding to look after his mother in his home. Since myself and my husband have cared for both my parents - my father suffered a stroke and I looked after him for many years till his death.. now I have my grown up kids to whom I have to attend. Because of my mother I am unable have my own freedom or attend to my family.

Is there a legal way I can make my brother ans sister in law be responsible for his mother?
Asked 10 years ago in Family Law
Religion: Hindu

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6 Answers

The question here is of care and concern, and not or who would take care of you mother. Albeit you were taking care of your mother, now in the circumstances you seems to be caught in dilemma. However, you may file case against your other siblings under "Maintenance and Welfare of Parents and Senior Citizens Act, 2007" to ensure they take care of their mother as well.


Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

your mother can make application under maintenance and welfare of senior citizens act 2007 .

it provides in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens.

This Act casts obligations on children to maintain their parents Such application for maintenance can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organisation authorised by him.

The Tribunal can also suo motu take cognizance of the case. After receiving the application the Tribunal may issue notice to the respondent-children/relative and provide them time to furnish their reply. Such application for maintenance should be disposed of within 90 days from the date of service of notice of application to the respondent. However, the Tribunal can extend time for a maximum period of 30 days in exceptional circumstances after recording reason. The Tribunal is having power to allow interim maintenance pending disposal of the case.

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

u should file a petition on behalf of your under maintenance & welfare of senior citizens act.

Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

Legal position is as above.Pl note that children have to take care not only son.You have taken care for 22 yes,now if your mother in any way goes to court against her children how she will feel and how much life is left for her.I will suggest social pressure on your brother.Anyway you are the best judge to decide.

Anil Gupta,


Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

Dear Querist

if your mother is not able to maintain herself then you can file a case u/s 125 of Cr.PC against your brother on behalf of your mother or your mother can file the case directly if she is able to fight the case and he is responsible to maintain your mother. but his wife is not entitled for her by any means.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Move Senior Citizens Tribunal for maintenance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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