Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Elder One (IT)     16 August 2011

Need help - senior citizens act, 2007

 

My father has filed a maintenance case against me and my younger brother.

This is filed under the Maintenance and welfare of parents and senior citizens act, 2007

 He has got an order for us to pay Rs. 1000 each to him per month. He has not approached the District Magistrate & Presiding officer with an appeal to increase the amount.

 My father has a flat worth 50 Lacs in which he is staying.

 Maintenance and welfare of parents and senior citizens act, 2007 – says that:

 1. Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:

2. Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

 How can I renounce my inheritance of any of my father’s properties like flat or any ancestral property; so that the maintenance case against me and my brother can be null and void ?

 

Or any other way to have the case revoked.



Learning

 11 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 August 2011

Ancestral property can be willed by your father on his own violation to anyone.

The ancestral rights accrue by way of succession and can not be renounced during the life time of the owner. Only after his death you can let someone else take your part of let it be escheat

gaury..fight to win (Education)     17 August 2011

Shonee kapoor your reply is not clear.Please eleborate.

Adv. Chandrasekhar (Advocate)     17 August 2011

 

 

 4. Maintenance of parents and senior citizens :

 

(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of—

The Act says that the senior citizen shall be unable to maintain himself to get benefit of this Act.  But, in this case, the senior citizen has got a property worth Rs.50 lakhs and hence is not entitled to get benefit.   

 

 

2 Like

Elder One (IT)     17 August 2011

Thank you all.

Also wanted to know if a Judgement is passed can we (children) also apeal against the judgement ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 August 2011

Law of succession, be it religious or Indian Succession Act, does not allow you to forego your claims.

If the property owner dies without a valid will, whatever benefits of succession you were supposed to get, you would get.

The lawmakers in its wisdom thought it prudent to keep it so, so as to avoid litigation next time, when the property owner is dead and the claimant wants to re-institute the claim once again

Alok Tholiya (self employed)     18 August 2011

It is not clear why ur father has gone against u in court for maintenance as as usual court has given a paltry amount thru which he can not buy a i/2 liters of Milk for a whole month. 

U have also not told why u want to not to spend money on him???? Though shocking situation.

I want to advise ur father to take a reverse morgage loan and live his like happily there after and leave nothing for any one if they cant look after him. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 August 2011

Alok, my friend,

Let us not get judgemental about anyone's situation.

They have asked a question based on their wisdom and problems, let us just advise them or keep mum.

If we get judgemental, we would be defeating the very purpose of the open forum.

Regards,

Shonee Kapoor


(Guest)

I agree with Mr. Shonee Kapoor. We should not be judging the matters ourself. As it is said that " PAR UPDESH KUSHAL BAHU TERE" It is very easy to preach than practising.

Aakash (NA)     21 August 2014

My father gifted his house (situated in West Bengal) to me unconditionally one year back. i am residing in pune for job purpose but my father do not want to stay at pune as he belong to WB and want to stay there. due to ill health of my mother they move to sister's house (married) two months back. now my sister and her husband wants the property back and trying to harass me. my father is retired railway employee and getting pension of Rs 17000 per month and free treatment @ railway hospital. 

Now my question is can they file maintanance case under senior citizen act,2007 without asking me for maintanance for the purpose of harassment or to get the property back? Please note few days back i had offered my father financial help but he said it is not required (i have proof on that)

How it would be decided that they can maintain themself with their monthly pension of Rs 17000 or not ?

Can my father claim back his property on this ground even the gift deed was unconditional ?

 

Gaurav Saxena   14 March 2016

MOST URGENT. SIR,My father has filed a maintenance case against me under the Maintenance and welfare of parents and senior citizens act, 2007. He has got an order to get Rs.2000/- per month. My father has a two floor house worth Rs.25 lakh on his name, which he bought on my savings. Now at this time there are 04 renter in the house @ Rs 1000 per head. I am a Paramilitary Forces personnel and my income is Rs.54000/- per month. My father harasses me by filing RTI-2005 (04 times) and baseless complaint (01 time) against me to my Sr. Officers. Besides this, I have also provided him with various medical facilities and operations time to time as per requirements. How can I renounce my inheritance of any of my father’s properties like flat or any ancestral property; so that the maintenance case against me can be null and void ? Or any other way to have the case revoked.

Gaurav Saxena   14 March 2016

My father has filed a maintenance case against me under the Maintenance and welfare of parents and senior citizens act, 2007. He has got an order to get Rs.2000/- per month. My father has a two floor house worth Rs.25 lakh on his name, which he bought on my savings. Now at this time there are 04 renter in the house @ Rs 1000 per head. I am a Paramilitary Forces personnel and my income is Rs.54000/- per month. My father harasses me by filing RTI-2005 (04 times) and baseless complaint (01 time) against me to my Sr. Officers. Besides this, I have also provided him with various medical facilities and operations time to time as per requirements. How can I renounce my inheritance of any of my father’s properties like flat or any ancestral property; so that the maintenance case against me can be null and void ? Or any other way to have the case revoked.

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