Kalpana
03 June 2019 at 16:41
Sir 5months back I filled divorce and my husband filled rcr...but ambically solved issues so I got my case withdrawn with a joint memo..but his rcr is still pending but we are living together. .I have a doubt regarding the following.
1.whether my husband can stop me from seeing my parents.
2.whether can he stop my daughter seeing my parents.
3.if he is calling me for case with drawl with a written statements..in what ways I shall be safe.
Please guide me sir..
AASHISH KUMAR
03 June 2019 at 15:43
Hello,
currently i am living at delhi and i want to disown my child becasue he got court marriage with that girl who is not good always threating us for dowry & etc so i want to disown my child is this good way to protect or if any please guide.
Anonymous
03 June 2019 at 15:42
Sir,
I need a minutes book format for trust ( meeting conducted with a view to providing donations to village, poor child education, cyclone releif etc). Please can any one provide me the format for minutes book and resolution )
smita
03 June 2019 at 15:06
Learn the Legal Protections and State Assistance That Senior Citizens Have in India
According to the Population Census 2011, there are nearly 104 million elderly persons (aged 60 years or above) in India; 53 million females and 51 million males.
by Vidya Raja
December 14, 2017, 9:46 am
An ageing population is a global phenomenon. Elder persons in society face a number of problems due to the absence of assured and sufficient income to support themselves for their healthcare and other social securities. Loss of a social role and recognition and non-availability of opportunities for creative and effective use of free time are also becoming a matter of great concern for elderly persons.
The trend clearly reveals that ageing will emerge as a major social challenge in the future; and vast resources will be required towards the support, service, care and treatment of the elderly persons, according to report titled – Elderly in India, published in the year 2016.
According to the Population Census 2011, there are nearly 104 million elderly
persons (aged 60 years or above) in India; 53 million females and 51 million
males.
Promotion
In 2007, India enacted The Maintenance and Welfare of Parents and Senior Citizens Act, with a view to ensure need-based maintenance for parents and senior citizens and their welfare.
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Here are some of the salient features of the Act:
This Act is superior to every other act and has an overriding effect on every other law for senior citizens.
Who can avail the benefits of this Act?
• Senior Citizens – over 60 years of age
• Parents – Mother/Father/Stepfather/Stepmother of any age
Who are Children and Relatives?
• Children could refer to any adult son/daughter and also grandson/daughter
• Relatives – If the senior citizen has no children, then the legal heir, that is one who is either in possession of the property of the senior citizen or would inherit it.
• All children are liable to provide maintenance for their parents.
What is defined as property by the Act?
• Movable or immovable property
• Tangible or intangible property
• Ancestral property as well as self-acquired
• Rights or Interests in such property
In many cases, ancestral property, on which multiple claims may exist, was being used as a loophole to avoid providing maintenance for senior citizens. Now that loophole has been plugged.
What is Maintenance?
Maintenance is the sum of money that a senior citizen gets to ensure their welfare.
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The maximum amount, which may be ordered for maintenance of a senior citizen shall be prescribed by the State Government and shall not exceed Rs 10,000/- per month.
This includes:
• Food
• Clothing
• Residence
• Medical Attendance – the right to have nurses or helpers at home
• Medical Treatment.
Under what circumstances can senior citizens claim maintenance?
Senior citizens can only claim maintenance if they are unable to maintain themselves from property owned or from own earning.
Such claims can be made upon:
• One or more children or grandchildren, who are not minors.
• In case of a childless senior citizen, a relative as defined above
Who can apply for maintenance?
• The senior citizen himself
• Any other person or registered voluntary organisation authorised by them
• The Tribunal itself can initiate an enquiry
Where does one file this application?
The application for maintenance may either be filed in the district where the senior citizen stays or last stayed, or in the district where the child or relative stays.
What is the procedure involved?
Once the application for maintenance under Section 4 has been submitted, the Tribunal will issue a notice to the children.
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They will have the opportunity of being heard. The application must be disposed of within 90 days, with an extension of 30 days under extreme circumstances that need to be recorded in writing. The Tribunal shall determine the amount to be paid, subject to a maximum of Rs 10,000
When should maintenance be paid?
Children are liable to start paying legal costs as well as maintenance from the day of the order, or if so ordered by the Tribunal, from the day that the application was filed. Upon the death of one child, other children continue to be liable. If one of the children dies, their portion of the maintenance must be taken care of by the remaining children. Failure to comply with the order of the Tribunal is punishable with levy of fines, or even imprisonment for up to a month.
While this Act does empower senior citizens and gives them an assurance of being looked after, the real test is only when it actually transpires into tangible action.
Chandrakant PAtkare
03 June 2019 at 11:32
Dear sir,
I want to know that if employee will not complete their notice period or he left the job without any information , what law will applicable or what we will do?
Anonymous
03 June 2019 at 02:13
Hello Sir, my father works as a BMC employer as a labour in maintenance department, D-Ward Mumbai. He is a tenant of BMC property since 1997 and is looking forward for the ownership of the same property. Since the place where we reside was first a BMC School and falls under school property the authority from several departments visit our place and asks us to get ready to leave the property in few months. As we have lived more than 20 years at a place my parents expects for the ownership of the property by BMC Mumbai. Since we have come to know about the construction builder and BMC officers bad breath for the property, I expect the law to let me know about the property legal information department in BMC Mumbai, D-Ward as well as the HELP of the OWNERSHIP OF THE SAME PROPERTY.
Regards.
Anonymous
02 June 2019 at 22:53
Dear All ,
My grandfather and grandmother gifted their property to my father through a gift deed which has been registered already in 2010 . My grandfather passed away recently and we found out that one of the witness was my nana (alive) , whose photo and sign is there but due to clerical error , the voter I'd number is typed wrongly. How can we rectify the voter I'd number . As my grandfather is no more but my grandmother , father and nana are still there .
Anonymous
02 June 2019 at 22:49
Dear All ,
My grandfather and grandfather gifted their property to my father through a gift deed which has been registered already in 2010 . My grandfather passed away recently and we found out that one of the witness was my nana (alive) , whose photo and sign is there but due to clerical error , the voter I'd number is typed wrongly. How can we rectify the voter I'd number . As my grandfather is no more but my grandmother , father and nana are still there .
Ranbir
02 June 2019 at 22:48
dear sir , i have a case pending in district forum and the said matter also has criminal intent in it so can i file criminal case or my matter would dismissed in district forum if i file criminal case
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Bail in another cases
An accused u/s 138 Negotiable Instruments Act is being given bail on a hearing date in a case under which bailable warrant has been executed. In the said court , two other cases u/s 138 N I Act were also pending of same complainant at the stage of bailable warrant to be executed. Please let me know whether Court must take bail in another two cases when the said is brought to notice of Court by complainant or Court has right to tell the complainant that today is not hearing dates of another cases , so no need to talk about bail in two other cases.