CRPC

Querist : Anonymous (Querist) 09 April 2010 This query is : Resolved
There are 3 brothers. Mother is bed ridden. Father has passed away long back.
2 brothers are looking after mother and incurring expenses equally. Third brother has not been contibuting in maintenance expenses of mother and has not been keeping her with him. Recently he has started contributing some expenses. But the amount is not in equal proportion. He is well to do financiially.

What are the rights/remedies available to 2 brothers against third brother for making him incur expenses in equal proportion and make him keep mother with him four months in a year. Pls adv.

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adv. rajeev ( rajoo ) (Expert) 09 April 2010
You cannot make him to keep mother with him, you cannot force him also. My advice is she is your mother, you take care. Mother is goddess. God will not be everywhere so he has created a mother. To maintain her is not burden for you. just for second you think about your mother. Take care of her dont neglect her.

bhupender sharma (Expert) 09 April 2010
Your mohter is entitled to file a petition before the Magistrate under section 125 of the Cr.P.C.

H. S. Thukral (Expert) 09 April 2010
Beside the above provisions there is newly enacted Act ' The maintenance of and welfare of parents and senior citizen Act.' You can seek maintenance under the above said Act

B.B.R.Goud. (Expert) 09 April 2010
mohter is entitled to institute a case before the Magistrate under section 125 of the Cr.P.C.

similar provisions are there in ' The maintenance of and welfare of parents and senior citizen Act.' You can seek maintenance under the above said Act.

being a brother, you can no way force him to take care of your mother and also you can never deny him from your mother's property, if any.

Arvind Singh Chauhan (Expert) 09 April 2010
You can not take legal action against brother but mother may file suit for maintenance against him.

Raj Kumar Makkad (Expert) 10 April 2010
I have also similar opinion as of all other experts.

Guest (Expert) 10 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE OLD SICK MOTHER AND LAW PROVISIONS KINDLY NOTE THAT.
1.MOTHER CAN GET MAINTAINENCE FROM ALL THE THREE BROTHERS LEGALY UNDER SEC.125 OF CRPT.AND ALSO UNDER OTHER ACT AS SUGGESTED ABOVE.
2.KINDLY NOTE THAT SHE IS THE MOTHER OF ALL THREE BROTHERS AND SHE HAD BROUGHTUP ALL THE THREE CHILDREN WORKING VERY HARD THROUGHOUT HER YOUNG AGE AND LIFE.SHE HAS TAUGHT TO SPEAK,EAT AND ALSO TO WALK AND MADE THREE BROTHERS SUCCESSFUL IN LIFE.GREAT HARDWORK AND PAINS SHE HAS TAKEN TO BRING UP ALL THE THREE BROTHERS.
IT IS THEIR MORAL DUTY TO MAINTAIN HER ,AND FOR THAT NO NEED TO REFER ANY LAW PROVISIONS.THINK YOURSELF AND TAKE CARE OF POOR OLD SICK MOTHER .
MAY GOD BLESS YOU ALL.
WITH BEST REGARDS TO ALL

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