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kia (NA)     21 June 2014

Senior citizen need help

hello

I and my wife are senior citizen need your advise as to how should we proceed or deal with the current situation that we are in :

1. We have a property which is self-owned by me and is surving on pension.

2. My son got married 5 years back and stayed with us for 1 year. My DIL in my sons absence used to mentally torture and harass both of us. In order to buy peace my polite son decided to move and stay close to work place. After my son and DIL moved to rented home we both never visited the rented house so that my son and DIL can live in peace. After few months from moving DIL started visiting my house intermittently with my son. During those visits daughter in law used to shout, fight and harass us. Due to these repeated conflicts, me and wife suffered from intense mental torture also leading to several health problems frequently, due to which I started having high blood pressure and was hospitalized.

3. Recently, my son died in an accident and is survived by wife and small kid. After death of my son DIL along with her mother and brother have been trying to defame us . They recently filed a complaint against my family with wrong allegations of breaking in the house on the day my son died and taking away everything from the house in her absence. The funny part is that her whole family has been staying in the rented house since death .Infact I was abused by my DIL and her brother along with some of her neighbors in the police station threatening me saying break his legs.

4 few days before death of my son my DIL had started defaming us and was demanding separation from my son. She was mentally torturing him by saying that “if you  go and meet your parents I will leave you and will file lawsuit for alimony and will never let you see our kids”. My son got depressed listening all of this.

5 Its been only few weeks from the day my only son expired. We both are mentally depressed and broken after losing our loving son. After the death, my whole family and friends made multiple attempts to console, and offer help but to vain. Her brother threatened us that he will see us in the court.

6. Recently, she has filed a civil case demanding partioning in a self-owned property, and some other properties owned by my other children. In addition she also alleges that huge amount was stolen from the house.

Sir, we are really broken with sudden demise of our son and doesn’t understand the consequences of this case. As a parents I did everything for my kids in a limited income and has no savings. We are under tremendous mental pressure and is also not doing well with my health as I am heart patient. Her family has threatened us that they will take away my property in which we currently reside. My question to you is in the given circumstance:

a.        Does my DIL or her small kid have any rights in my self-owned property.

b. What can be expected by me from court, since my son is survived by small kid? 

c. what about the false allegations of stealing cash etc that my DIL and her lawyer has imposed, how does court normally deal with this?

 




Learning

 1 Replies

Kumar Doab (FIN)     21 June 2014

Arrange to record (audio/visual) all meetings and hence threats at all locations and speak the dates/month/year………………………………………..being an experienced person you would know how to do it and keep some witness with you.

Your witnesses can confirm that you were not present at the alleged scene on alleged date.

The DIL (wife of your deceased son) has right only in self earned property of her husband (being ClassI legal heir) and your wife being mother has right in self earned property of her son (being ClassI legal heir).

Hence all estate of your deceased son shall be equally divided in 3 parts (mother,spouse,child)………………………………….Ask your wife to stake a claim in it.

As on date your DIL has no right in your self earned properties……………….

Some states have started special helpline for Senior Citizens……………………..

https://www.hindu.com/2005/05/29/stories/2005052915280400.htm

Service of elders' helpline extended

Staff Reporter

Department of Welfare of Disabled and Senior Citizens to start five more helplines


·  Service to start from June 15

·  Service to operate in Yeshwantpur, R.T. Nagar, Jayanagar, Koramangala, Fraser Town, Indiranagar, Kamashipalya and Vijayanagar police stations

·  Helpline at Police Commissioner's office to be available on all days

·  Services include giving support to elders who are abused, exploited and deserted

 

Approach a lawyer at your location and defend yourself.

Your lawyer may opine to file complaint under DV Act before Protection Officer………..and if NO action is taken meet S.S.P/S.P/Police Commissioner……………………………and if NO action is taken…………………….move HC……………………………………and to meet Collector/Competent authority for protection under Sr.Citizen Protection Act……………………

 

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

 

CHAPTER V – Protection Of Life And Property Of Senior Citizen

 

You may go thru:

o    National Council For Older Person called Agewell Foundation by Ministry Of Justice And Empowerment.

And also

https://www.helpageindia.org/

https://www.helpageindia.org/index.php/our-work/advocacy

 

 


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