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gk (Service)     29 July 2012

Regarding the legal action that parents could take

Respected Sir/Madam,
 
This is to enquire you on the subject matter.
 
There are lots of cases we have noticed in our state (also in other states) - that many of the parents are nowadays suffering to survive at their old ages (even before getting old) due to lack of caring, mostly from their children.  The
cases may be different but their issues are same as below:
 
"Their son / daughter is not taking care of them"
 
I wish to know about the legal action that a father or mother could take against his son or daughter who is not taking care of him/her at all.  I wish to get the info on certain special cases as mentioned below:
 
Case-1
The parents given all their properties, money and wealth whatever with them to their children legally through a registered document OR without a document (by thinking that their beloved children will look after them in future) and not having anything with them at present rather than to beg to their children or anyone else.
 
Also in three different situations as below :
A.      Children are settled well at present in India or abroad
B.      Children also not in well settled position
C.      There is no information about the children’s present status or location
 
 
Case-2
The son / daughter have been taken over all the properties, wealth, money etc. from them legally through a registered document OR without a document.
 
Also in three different situations as below :
 
A.      Children are settled well at present in India or abroad
B.      Children also not in well settled position
C.      There is no information about the children’s present status or location
 
I will be very much thankful to you if you could provide me sufficient information on this or guide me properly.
 
Thanking you,
Yours faithfully.
 
gk



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 July 2012

Aged parents, if unable to maintain themselves, can seek maintenance from their major children u/s 125 CrPC. The fact that property is given to the  children by registered instruments or not is inconsequential as regards maintenance. However if any transfer is made without registered instrument or without any instrument - paretns remain the owners and can deal with the proeprty as they like, and even disown their childrenn

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