parent maintenance

Querist : Anonymous (Querist) 02 December 2011 This query is : Resolved
Sir,
We are residing in bangalore since from past 20 years. We both are working. From past five years we are facing some dispute in regard to ancistor property partition at our native place. We have filed for partition suit in local civil court and also a separate suit for declaration of our self acquired property in our native place. Mean while our father has filed a suit for maintence since we are working and getting income. Even though he is residing in our own house constructed in our native place and enjoying all the income earned out of ancistor property along with his younger son, can he ask for maintenance. Further our mother is sufferning from dementia desease from past 3 years we are looking after her and she is residing in her daughters house since there will be no one in our house to look after her after we both go to office. Prior to the filing of suit for partition she too was residing in our house at our native place. But later my brother and his wife harrased a lot to her and did not allow her to stay in that house peasefully. Hence she left the house, now these days she is willing to go and stay in that house and she is having a desire to live there for the rest of her life. she about 68 years now. Is there any provision in law so that she can take permission from court and stay there without any dispute from her younger son & his family. Can we look after her in the same status as we are doing now at present. Since from past 4 years we too are not going to that house since my brother is not allowing us to go he is having some criminal ideas in his mind to start some or the other quarrel and file a criminal suite against us so as to bring some problem to our job also. Hence please advice us how to proceed further legally so that ther will not be much more problems further.

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M/s. Y-not legal services (Expert) 02 December 2011
who having the title of the subject property?

Querist : Anonymous (Querist) 02 December 2011
Subject property is in my name

M/s. Y-not legal services (Expert) 02 December 2011
then file a suit for declaration along with permanent injunction against your brother from entering your house.,

after decreed in favour of you you can bring your mom to your house as per her wish.,-this is one of the legal remedy.,

but by considering your mother's old age try to settle this issue amicably., dont go for any litigation between relationships.,

Raj Kumar Makkad (Expert) 02 December 2011
I do agree with tom.

prabhakar singh (Expert) 02 December 2011
I too agree with mr.tom.

M/s. Y-not legal services (Expert) 03 December 2011
thank you makkad sir, and prabhakar sir.,

Sailesh Kumar Shah (Expert) 03 December 2011
Maintenance question still remain!!!!!!
So answer is:-

your father can't claim maintenance. Since he dosen't fulfil conditions of Section 4 of maintenance and welfare of parents and senior citizens act 2007.

Devajyoti Barman (Expert) 06 December 2011
Yes agreed..

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