Rights of Son as owner against mother as resident
shaikh
(Querist) 29 September 2015
This query is : Resolved
My question to legal experts
Hello Experts. I and my wife jointly are the owners of the flat where we (me, my wife, my adult son and my widow mother) stay. My widow mother is mentally retard to a certain extend. My mother has made our lives miserable. My self owned business has shut down and I no longer earn any income since more than one year. My wife's salary is the only income by which we are carrying on. My mother is a pensioner. She does contribute five thousand per month towards her expenses. The issue is not about her expense. Its about her behavior. I have an elder brother. He owns a 1BHK flat. He has refused to take her responsibility on the grounds that his flat is "small". I want to know about any such legal rights existing, where we the owners can discontinue the stay of my mother in my flat. Also, can I file a case against my brother in order to share the responsibility of my mother. Please advice.
kavksatyanarayana
(Expert) 29 September 2015
@Author, here I am giving reply not an expert but as an elder, a minimum responsibility of you both, as she gave you birth. as per your query you are taking some amount from her for her medical expenses. Now you have to do only to care for her health and bread. they why problem. financial ground is not important here. however take it in an amicable way by talking with your brother and other elders.
prabhakar singh
(Expert) 29 September 2015
@AUTHOR!
YOU SHOULD GET YOUR MOTHER DECLARED LUNATIC FIRST AND GET HER ADMITTED IN MENTAL ASYLUM
AND THEREAFTER SHOULD CLAIM YOUR BROTHER RESPONSIBLE FOR HALF OF THE EXPENSES INCURRED OVER AND ABOBE HER PENSION INCOME FOR WHICH LAW TREATS HER DEPENDANT ON YOU AND YOUR BROTHER EQUALLY.
THIS IS LEGAL AND NOT MORAL ADVISE.
shaikh
(Querist) 30 September 2015
First off, thanks kavksatyanarayana sir for your moral advice. If this would have been such a simple matter by merely talking to elders and my elder brother, I wouldn't have come for help in this forum.
A big THANKS to Prabhakar Sir for his legal inputs. I am awaiting for such more legal inputs from other experts.
shaikh
(Querist) 30 September 2015
I am looking for some simple and clear answers. Based on my first post, I want to know, can I evict my mother from my self owned flat? Yes or No. Can I enforce any legal action towards my elder brother to take up or jointly share my mother's responsibility? Yes or No.
P. Venu
(Expert) 30 September 2015
Admittedly, your mother is contributing Rs.5000/-. Then what is your complaint?
Sudhir Kumar, Advocate
(Expert) 30 September 2015
even if she is not earning any pension or not contributing despite pension. You have a liability to maintain her.
there is a recent enactment in favour of senior citizens.
You and your wife can land in jail.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
you can complain to the police against non-maintenance of dependent sernior citizen.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
further after her death you are liable to be alleged for fleecing money form mentally retarded mother.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
Understand one thing in life.
Parents may be having any number of children (including nephew nieces)only one of them only one (the one who gets trapped) of them (and none other) will take care of parents and others will be onlookers with N number of reasons for not taking them.[i.e. small house, house not on ground floor, Private job, remote location, odd working hours, children studies, transferable job, already in-laws residing with, children very small, children now grown up very etc.etc.] They may or may not help the trapped son, even in crisis, it is their mercy.
After death that trapped son/daughter generally bears the funeral expenses with no discretion as to how less is to be spent. Other siblings may or may not contribute it is their mercy. But they will have all the decisive position.
But if the deceased parent leaves a property, it must of divided equally.
Rajendra K Goyal
(Expert) 30 September 2015
Expert Sudhir Kumar has given a bitter but true picture.
Legally agree with expert prabhakar singh.
Guest
(Expert) 30 September 2015
Mr. Shaikh,
You are lucky, if a mentally retarded pensioner contributes Rs. 5,000/- out of her pension for her survival. Otherwise, she could have been a total legal liability on you and your brother, as both were legally responsible to maintain her and take care in her old age.
You cannot also evict her from your house. The matter is between you and your brother to settle, how she can be taken care of in her old age.
One thing you must bear in mind that any old person does not become mentally retarded or make the life of her children miserable until adverse and harassing circumstances are not created for the oldy by her own family members.
So, it is you who has the need to review whether congenial enironments exist or not in your house. Blaming her of being mentally retarded may not help sort out your problem. Better try to create cordial relations between her and your family members. Try to get your family members respectful and sincere towards her to cause comforts in her old age and see that her mental agony is vanished against the family members.
Kumar Doab
(Expert) 30 September 2015
Fully agreed with Expert' wise,moral,legal advise.
shaikh
(Querist) 30 September 2015
Dear Experts
From what I have observed from all the inputs, is that my mother was / has been forced to pay five thousand per month. Its not true. She is doing on her free will. Too much is highly of her monthly maintenance whereas I have made it clear that, I don't want her money, I want my peace of mind. My family is suffering due to her behavior and actions in the house. We have told her politely thousand number of times about please don't do this and that. Yet she refuses to listen and creates tremendous amount of stress, anger and embrassment. Also, as per the inputs given by the experts, I do not understand the bias opinion about younger citizens.
A senior citizen is a individual who can also make mistakes and commit unlawful act. About my brother. I had made it clear that he has washed his hands from taking her responsibility of keeping her at his home. He is not willing to discuss anything on this matter. Like expert Sudhir sir pointed out, he is a onlooker. Anyways, one query of mine is almost answered about the eviction of my mother from my house. But I am still hopeful on my other query of my brother. Justice must be done. He must also share the responsibility. He too should keep her in his house.
shaikh
(Querist) 30 September 2015
One matter I skipped to add is that my mother's condition is not due to any adverse and harassing circumstances created for the by her own family members. She has been suffering from parkinson disease for a long time. As I understand, parkinson disease affects physical condition and not mental. But, in her case, she started to show signs of mental degreation over the period of time.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
"But I am still hopeful on my other query of my brother. Justice must be done. He must also share the responsibility. He too should keep her in his house. "
why should he when you are already trapped.
why should he unless action is taken against him.
Let your mother die and he will come forward to how elderly "chaudharahat". I believe that if you are Muslim, he will claim to lay the first hand of soil on the grave.
In hindus such elder brother claim their right to agnidan.
shaikh
(Querist) 30 September 2015
Dear Sudhir Sir.. You mentioned that "....unless action is taken against him" That is exactly what I want to know from experts as to what kind of action can be taken against him?
Sudhir Kumar, Advocate
(Expert) 30 September 2015
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
it is available at following link
http://socialjustice.nic.in/oldageact.php
K.S.Srinivas
(Expert) 30 September 2015
I agree with the expert Prabhakar Singh.
Guest
(Expert) 30 September 2015
Frankly speaking, at least I did not expect such an immoral advice from Shri Prabhakar Singh ji that may induce the son of the old lady to become a tormenter by misuse of medical system of the mental hospital.
Sudhir Kumar, Advocate
(Expert) 01 October 2015
I will just add that even if she is not fit enough to be admitted to lunatic asylum still your brother is liable.
shaikh
(Querist) 01 October 2015
Dear Sudhir Sir, you say that my elder brother is liable. But please let me HOW can I make him accountable.
krishna mohan
(Expert) 01 October 2015
Well advised by experts legally and morally. In these days parents are taking of special children even when they have to undergo financial and physical pain. Same applies for children also at this difficult time. From the given clarification I could not find any efforts taken to give treatment to her. Perhaps if that is tried out a win win situation for the entire family.
Sudhir Kumar, Advocate
(Expert) 01 October 2015
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
it is available at following link
http://socialjustice.nic.in/oldageact.php
shaikh
(Querist) 02 October 2015
Dear Mohan Sir, as I mentioned earlier, her treatment is going on since more than ten years. I have myself admitted her in hospital several times where my elder brother use to be against her being admitted to hospital. She is under treatment from a neurologist. So where does a win win situation arise? Please don't be bias. Just cause I am a younger citizen doesn't mean I should denied justice. What if in this mental agony I or my entire family turn into mentally retard? Who will be responsible then? Who will look after my son?
