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Kolkata advocate (Advocate)     23 January 2021

Father son dispute

If a son wants to take care of his father who is suffering from neurological disease at very old age, but father wants to stay alone, how the son can stay with him through legal help?


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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     23 January 2021

Hello,

This is not a legal query. You have to convince your father. You can involve other relatives for convincing your father. 

Kevin Moses Paul   23 January 2021

If there is such an issue all you need to do is gather documents (medical) to prove your father's condition. Once you've completed gathering all the medical reports you may attest it with an application stating that your father is suffering from neurological disorder and thus, it's essential for you to stay with him in order to ensure there's no issue with his health, which could be a problem if he's (your father) living all alone. Therefore, there must be someone with him to take care of the elderly man.

Along with this application and medical report, you may proceed to file a plea before the court having suitable jurisdiction, such that it grants you permission to stay with your father for the benefit of his own health.

You may file this plea seeking help from Maintenance & Welfare of Parents and Senior Citizens Act, 2007 for which you may need to provide requisite documents to ensure that you as an individual are credible enough to maintain and take care of your father.

I hope the above provided information helps to clear your query.
1 Like

Kolkata advocate (Advocate)     24 January 2021

Thanks a ton. Actually the elder son who stays in another city is preventing the younger son from visiting his father...although the younger son stays near his father's house and very much willing to take care of his father.... But how the younger son can exercise his own rights without disturbing peace and legal boundary was the main concern. Here elder brother though himself can not take care of his father physically is stopping his sibling to do the needful, while his father is in extremely bad health condition and fainting every day due to nerve damage


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