Property
Prasad
(Querist) 28 May 2012
This query is : Resolved
This I am posting for my friend Sanjeev. His father expired on 15 th March 2012. He has written will . His father is survived by wife (sanjeev mother and 5 children (boys) . His father had 2 houses and in will he has mentioned that 1 house for 3 boy members namely X, Y and Z and 1 house for namely A, and B . One brother of Sanjeev as mentioned X is abroad and after ritual ceremony went back to abroad and another brother Y unmarried employed in Bangalore and another brother Z married and employed and stays in Bangalore .Brother mentioned as B also employed in Bangalore and married . A is mr sanjeev as eldest
Now the question is as their has already written will that property belongs to them and their mother also living and can stay with any of sons till her death .She does not have powers to sell these property
It is duty of all to look after their mother even though they possess properties ( both father and self acquired ) , now except Sanjeev no body looks and care their mother .
IS there any legal action that can be taken against them for not taking care of mom and is there any legal action that can do for seizing property and transferring to mother and in due course according to her will it can be given of her choice or whoever takes care,
Please advice as elderly are to be cared and it is not duty of sanjeev or single member in any family.
now days people forget their parents so it should be cared, so please advice
A V Vishal
(Expert) 28 May 2012
The mother can move an application under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Shonee Kapoor
(Expert) 29 May 2012
Mother can ask for maintenance under CrPC 125 and also under Senior Citizen Act from the sons.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
