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Maintenance and welfare of parents and senior citizen act

Querist : Anonymous (Querist) 01 April 2019 This query is : Open 
Dear Sir,
I purchased a flat in the name of my mother and paid all the installments and payments by myself. Now my mother transferred the property in my name. but there is a clause maintenance and welfare of parents and senior citizen act.

I want to get it removed. can I transfer or register the same property to my wife and get it removed?

thanks

Vijay Raj Mahajan (Expert) 01 April 2019
No. The clause is for security of aged parents, to protect their financial aspects in case you stop providing them financial assistance, throw them of the house that was owned by them and which was transferred in your name.
After transferring it in the name of your wife you cannot get rid of your liability towards your parents.
Your argument that you paid for purchasing the house that was in your mother's name is no excuse to get rid of your responsibility towards your parents.
You could have purchased the house in your name at first place no one was preventing you for that, now what ever is done will stand and clause for the welfare of parents shall stand in the agreement even if you gift the house in your wife's name, she too will be bound by that clause.
SHIRISH PAWAR, 7738990900 (Expert) 01 April 2019
You have duty to maintain your parents. Even if "some how" you manage to delete the clause still you will be liable to maintain your parents. Its obligation which you cannot escape from.
Querist : Anonymous (Querist) 01 April 2019
Thanks a lot sir for your valuable reply.
kavksatyanarayana (Expert) 01 April 2019
Dear queriest, even if you did not purchase house in their name it is your duty to see their welfare as they are senior citizens.
Querist : Anonymous (Querist) 02 April 2019
Dear Sir, They are my parents and I have been doing so. It is my duty I know. And I will keep doing so in future as well. Thanks a lot
Dr J C Vashista (Expert) 02 April 2019
Do you want to know legal lacuna in avoiding maintenance of your parents? Forget.
Dr J C Vashista (Expert) 02 April 2019
An anonymous author is generally not entertained and obliged by experts as per rule of this platform, disclose your identity.
Guest (Expert) 02 April 2019
Apparently, it is simply an academic query to find answer whether you are bound to maintain your parents or not! MIND IT YOU ARE BOUND TO MAINTAIN YOUR PARENTS, IRRESPECTIVE OF WHETHER YOU TRANSFER THE PROPERTY TO YOUR WIFE OR NOT. Even your wife cannot ignore maintenance of your parents.



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