selfstudyinglawstudent (law student) 15 November 2010

paying for upkeep of mother

the mother is 61 years old.

the mother has two sons and a daughter. the mother lived with the daughter and brought up her child. for the daughter it suited her fine, because she worked like a servant, cooked food, managed her house, and boosted her son-in-law's business friends with lovely food. they just had to sign on the dotted line. the son in law has made crores for himself.

now the daughter has kicked out the mother over a trivial quarrel.

both her sons are not ready to look after her.

currently she has 22 lacs of rupees. but she does not have her own house. are her chidren duty bound to pay for her upkeep?

sucheta

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5 Replies

Suchitra. S (Advocate) 15 November 2010

Children are entitled to pay for maintenance of parent only when they do not have any resource and not otherwise.

adv. rajeev ( rajoo ) (practicing advocate) 15 November 2010

children are duty bound to maintain their parents.

Tajobsindia (Senior Partner ) 15 November 2010

@ Author

1. If the mother has 22 L as you say then she can easily buy a decent 1BHK flat for herself and hire a verified maid and look after her rest of the innings.

2. Why her daughter be asked to look after her Mother ! However, as per Law a married daughter can be asked to look after her (widow) mother in case the mother has no place to live and nothing to maintain herself with. But then the loop here is above ans. para 1 clubbed with her alive two sons as yourself said it in the briefs.

3. As per Law her two sons’ have legal responsibility to look after old parent(s). So be it so she should approach Court of Law and file case against her adult sons’ and also against her married daughter as respondent three.

4. From son’s she should (as prayer) ask for residence and from married daughter she should (as prayer) ask for maintenance bze she was meant to spend her old years as what you say in your brief.

Roshni B.. (For justice and dignity) 16 November 2010

there's something called morality also.law is not reqd. when care of eldely people is imp.

even if she has 22 lakh rupees,if she uses it to buy herself a flat,just a little amount will be left afterwards for lifelong expenses.how can she be expected to employ a maid,pay her bills,medical expenses,food needs etc with the remaining amount (say 5 lakh rupees) all her life?

the 3 children shud rather keep her respectfully in their house turnwise ,say,for a period of 3 months in each child's house,so that her responsibilities get shared equally.

(Guest)

Mother is a Mother and she needs to treated with respect. She is old and now looking for someone to take care of her. Moral Responsibility cannot be dis regarded. I pity both the sons and daughter too for being gready. Although the mother can take the help of Law but it will be better she fixes this money in nationalised Bank for FD or in Post office under monthly income scheme and by the interest she can take care of herself.

Very sorry state for the old aged mother.