Taking care of aged parents
Deepthi
(Querist) 24 May 2013
This query is : Resolved
HI ,
Mr A dies ( My moms dad)
Mrs A does partition deed ...in 1989.. to her kids A,B,C& D. ( B being my mother)
B has now given it to her daughter by way of "Dhananishchaya Aadharam" as said in Kerala. Now B's son has filed a injenction suit and partion prayer for his share considerignit is anscestral property claining that as per the JOINT FAMILY ABOLITION ACT he is eligible for a share in the property.
Now teh son was only born in 1977 .. as pe r the above response he does not have a share, but I woudl need help to address this issue in connection tho the ACT that was passe din Kerala.( Joint Family abolition act).
PLease Help! To top this, My brother has not been taking care of my mom for several years now.. My mom has a pension for her livelihood.. bu is there any case that she can file against her son ensuring that he monetarily supports her??
Raj Kumar Makkad
(Expert) 24 May 2013
Your query has two different aspects.
So far as former is concerned, you brother or you have got no right to seek partition out of the property gifted by your mother in favour of your sister as after partition of the property made by Mrs. A during the year 1989, the property had become personal of your mother and she has rightly gifted it to her daughter.
So far as second aspects of your query is concerned, you mother can duly file a petition under section 125 of criminal procedure code against her son to get regular maintenance.
