Maintenence of parents by all the sons

Anant Kumar (Querist) 11 March 2021 This query is : Resolved
My Grandfather died 5 years ago left with my grand mother who is 75 years of age and 3 sons, all the sons live in house of my grandfather.1 son has been taking care of my grandmother and late grandfather since long.The other sons have never looked after their parents or paid a penny for maintenence. My grandmother asked the other sons for maintenence as maintenence for one son is not enough for her, the other sons denied and started abusing her. Can my grandmother remove other two sons from the property of my late grandfather.

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A grandmother, whose husband has passed away, is seeking maintenance from her three sons who live in their inherited property. While she cannot legally remove two sons who refuse to contribute, she can claim maintenance from them under the Senior Citizens Act 2007. The property, currently undivided, can potentially be partitioned through legal action, and the grandmother can also gift her share to the son who cares for her.

Advocate Bhartesh goyal (Expert) 11 March 2021
No, Your grandmother can not legally dispossess other two sons from the property belonged to your grandfather as after demise of your grand father his property rights equally devolves to your grandmother and his three sons however your grandmother can claim maintenance from other two sons under the provisions of Maintenance and Welfare of Senior Citizen Act 2007.

Guest (Expert) 11 March 2021
If at all your grand mother wishes she could settle her Portion of share to you after her. for you taking care of her.

SHIRISH PAWAR, 7738990900 (Expert) 11 March 2021
Hello,

Yes, agree with both the advocates. Your grandmother has the right to claim maintenance from the other 2 sons. Further, the grandmother can gift or execute a will in favour of 1 son who is looking after her.

Anant Kumar (Querist) 11 March 2021
Thanks all but the property is not yet divided and this 2 sons don't want to settle the partition. what could be the right procedure to transfer the property in the names of all 4 legal heirs without the consent of this 2 sons.

Guest (Expert) 11 March 2021
The Co-Owner could Gift his/her Share in the Undivided Property. Discuss in detail with your Advocate.. Also an Partition Suit could be filed in Court. Discuss with your Advocate.

kavksatyanarayana (Expert) 11 March 2021
I agree with the advice of the learned experts, Mr.Bhartesh Goyal sir and Mr.NJS Rajkumar alias narasimha sir. The queriest please think, whether it legal or illegal, it is the moral duty of the sons to look after their parents especially in the old age. Mother cannot be shared between the legal heirs. It's their moral responsibility.

P. Venu

(Expert) 12 March 2021
What is the real issue - maintenance of the grandmother or the partition/settlement of the property? What is the nature and extent of property?

Dr J C Vashista (Expert) 13 March 2021
Despite the fact title of the property devolved upon sons after demise of their father, where your grandmother has "one" share with them, yet your grandmother can claim maintenance from all children.

Hemant Agarwal (Expert) 13 March 2021
1. Abusive /Not-Caring Children do not have any inherent legal right to stay in their Parent's house. Children should vacate the Grant Parents house.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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