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gyanendu (software developer)     19 February 2010

Is fathers right in son property?

Hi SIR/MADAM

I am a central government employer.ME two brother.My brother is forcing my father to get the share from my salary.can they take it legaly?My father is planning to get my salary legaly.have they any right to do that?

 

 



Learning

 16 Replies

Suchitra. S (Advocate)     19 February 2010

Sir, in Hindu law parents have right to be maintained by their children if they dont have any means to maintain themselves. So, if your father is completely dependent on you, he can claim maintenance from you. Otherwise it is not possible for them to get your salary by any means.

DR.SANAT KUMAR DASH (Eye Specialist)     19 February 2010

SUCHITRA,   PLEASE   STATE   CLEARLY   HOW   MUCH   MONEY   IS   REQUIRED    FOR   MAINTENANCE     OF    OLD   PARENTS.   IS   A   PENSION   HOLDER   FATHER   CAN    DEMAND     MAINTENANCE    FROM    THE    SON?? MORE  OVER    IT  IS   THE   LEGAL   DUTY   OF  THE   SON   TO   MAINTAIN      HIS   OLD   PARENTS.   OTHERWISE  THEY   CAN   FILE   MAINTENANCE   CASE   IN  THE   COURT   OF   LAW.

Suchitra. S (Advocate)     19 February 2010

 According to S.20 of the  Hindu Adoption and Maintenance Act, it is a liabilty of son and daughter to maintain their infirm and aged aperents, who are unable to maintain themselves out of their won property adn earnings.


(Guest)

Domestic Violence Act has been enacted to take care of parents by their children otherwise it is a criminal offence. If your father, in addition to his any self income claims your salary, then you may show the proof of his self income and defend yourself from his wrongful claim.

Suchitra. S (Advocate)     19 February 2010

Sorry for the spelling mistakes.. it is liablity to maintain aged parents if they are unable to maintain themselves with their own property or earnings. So, a father who is getting pension cannot demand money from his son, if the amount is enough to maintain himself. After amendment to Hindu Succession Act, now even a daughter has the liability to maintain her parents.

Anil Agrawal (Retired)     20 February 2010

Maintenance of aged and infirm parents, with no income of their own, is the responsibility of all his children, sons and daughters.

Does your father have income of his own to maintain himself? The question of forcing does not arise. He will have to move the court.

A V Vishal (Advocate)     20 February 2010

Under  THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

S.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—

(i) parent or grand-parent, against one or more of his children not being a minor;

(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.

(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.

(4) 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:

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.

shrikant chede (law officer)     23 February 2010

I go with suchitra & vishal

Kamlesh soni (advocate)     23 February 2010

I go with suchitra & vishal


(Guest)

Well explained Mr.Vishal... Thank you for the insightful information.

Anil Agrawal (Retired)     24 February 2010

That is the written law.

Will the senior citizen get justice in his life time from the court?

Sandeep Bisht (Partner)     05 March 2010

.Surely they will.....

The govt. has not only enacted this law bt also opened 9 tribunals in Delhi  for addressing the grievances of senior citizens....all these steps just to provide quick relief to our senior citizns....  

Anil Agrawal (Retired)     05 March 2010

Senior citizens, according to govt, live in Delhi only.

Ravi Kumar (Lawyer)     26 March 2010

suchitra & vishal , both explained very well...


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