My mom abandoned me. now asks to pay her medical expenses
sriha
(Querist) 24 November 2025
This query is : Resolved
Since childhood my mother made it clear that she preferred her sons to me (her daughter).
I got 2nd hand treatment with food, clothes, living space.
My father died when I was 18 and it got worse-she just wanted me to get married and get out of the house.
She stopped cooking for me and cooked only for her sons and I spent many nights hungry but too tired to cook for myself.
Within a year she transferred property in my father's name to herself. I was still in shock and signed without realizing the significance.
A couple of years later one night at 10 p.m after one more put down I just fled the house unable to bear the mental torture.
I stayed at a friend's place and then moved into a P.G.
No one bothered to check how I was doing.I heard from friends that my brothers were letting it be known that I would come crawling back in no time.
But I managed to survive on my own.
My father owned 4 or more properties and my father died while serving as a government officer. We were collecting rent from tenants when I left.
Two years ago -after 13 years my mother contacted me and gifted me a site. Nothing was mentioned about the properties my dad owned and which she transferred to herself.
Now my brother has sent me a letter asking me to bear 1/3 of my mom's medical expenses. (under Maintenance and Welfare of Parents and Senior Citizens Act, 2007)
This is deep injustice since my brothers and mother have happily done away with the family wealth and now expect me to pay for my mom's welfare when she was the one who booted me out.
I dont have any documents to prove what happened since I just got booted out at 10 pm.
Can I defend my rights in any way? Pls dont ask me to consult a lawyer -I did that when I got booted out and got nothing except a fat bill.
kavksatyanarayana
(Expert) 24 November 2025
Your query is not clear to some extent, but to my understanding, your father died intestate (without a will) and hence you, your siblings, and your mother have equal rights over the properties of your father. Hence you shall file a partition suit in a civil court with the help of free legal services such as NALSA if you are eligible for it. For the medical expenses of the mother, it is a minimum responsibility of a child. You will get a share in the properties, you should pay the medical expenses to your mother.
T. Kalaiselvan, Advocate
(Expert) 25 November 2025
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children can be asked to maintain parents.
But you can defend against this by proving:
1. You were neglected / treated with cruelty by your mother
The Act explicitly allows the child to refuse maintenance if the parent “abandoned, failed to protect, or ill-treated the child”.
2. You had no share in the family properties / no benefit from any inheritance
The tribunal expects equitable contribution.
If your brothers took all the assets and rents, and you were excluded, you can argue:
> “Those who received financial benefit from the parent should bear financial responsibility.”
If your father died without a WILL, you are a Class I heir
You should have inherited equally with your mother and brothers.
But since the properties are now long transferred, and you voluntarily left the house, the practical legal fight would be expensive and uncertain.
Respond to the letter with a simple reply
stating that you were neglected,
you received no inheritance,
they took over the properties,
you were forced out,
you cannot contribute financially,
you are willing to cooperate emotionally but not financially responsible.
Sudhir Kumar, Advocate
(Expert) 25 November 2025
As per Senior Citizen Act the following are liale to bear expnses.
son & daughter
grandson & grand-daughter
RELATIVE
legal heir of the childless senior citizen
is in possession of or would inherit his property after his death
not include a minor
Having share out of property is the condition for those other than son/daughter. Son/daughter are liable even if there is no share of property.
Given facts indicate that you were abandoned/neglected but never legally disowned of adopted by someone else. On records you have voluntarily forsaken claim on property and voluntarily left house. Took no action against mother.
Understanding from what Mr Kalaiselvan has stated I further believe that law cannot be blind to the morality. Yours is a peculiar case and the Act was not intended to give support to Senior Citizens and not to to harass those children who had neglected/abandoned or forced to leave house.
You should meet a lawyer.
I am afraid that law is not in your side.
Advocate Bhartesh goyal
(Expert) 26 November 2025
You are bound by law to maintain your parents so better to avoid any unhappy action initiate by your mother co opposite her.
Dr. J C Vashista
(Expert) 26 November 2025
Seek partition of the properties left behind by your father.
Apply for your maintenance, if unmarried.
It is better to show relevant records to a local prudent lawyer for proper analyses, professional advise and necessary proceeding.
sriha
(Querist) 27 November 2025
The law is flawed by assuming Senior Citizens have been fair to their children. Can the law be stayed till the government shows data that this indeed the case?
A small percent like me are going to be very adversely affected by it. After all we have been through we need relief not more grief.
It also creates a back door to skew equal inheritance: first liquidate all assets in favour of a few children.Then claim equal maintenance from all children including those who were excluded from the assets.
Additionally, whoever a senior citizen is living with will have enormous hold over them and it is foolish to assume that any complaint in that situation is independent-it will likely be driven by the senior citizen's care provider.
sriha
(Querist) 27 November 2025
The law is flawed by assuming Senior Citizens have been fair to their children. Can the law be stayed till the government shows data that this indeed the case?
A small percent like me are going to be very adversely affected by it. After all we have been through we need relief not more grief.
It also creates a back door to skew equal inheritance: first liquidate all assets in favour of a few children.Then claim equal maintenance from all children including those who were excluded from the assets.
Additionally, whoever a senior citizen is living with will have enormous hold over them and it is foolish to assume that any complaint in that situation is independent-it will likely be driven by the senior citizen's care provider.
sriha
(Querist) 27 November 2025
@T.Kalaisaivan: Sir,thank you for the excellent response. The issue is that when your in a family environment you are supposed to live on trust. Then when the Court steps in your suppossed to produce evidence which cant happen because
So the Court should factor that but it does not happen.
As the senior citizen was in control of records it should be for her to prove she was fair and not that I who had no access to records to prove I was treated unfairly
T. Kalaiselvan, Advocate
(Expert) 28 November 2025
You have justified your stand based on your own bitter experiences of the past and they are acceptable too.
Hence you can take the legal route to challenge the injustice meted to you all the while till date and get their case against you dismissed.
Sudhir Kumar, Advocate
(Expert) 29 November 2025
Your experience is bad..
however you have to meet a lawyer who is sharp enough to locate the purpose of enactment of this law and then seek possibility of challenging the action.
till then you have to obey the law.
