Bhavesh (RnD head) 26 October 2026

Legal recourse to seek parental maintenance from estranged nri son

I live with my parents in Ahmedabad. My elder brother is in US since 2007. He has totally reneged on his duty as elder son. He also forced us to go to court in 2012 to stop him from selling our father's flat that was bought in his name in good faith. The case is still pending.

My question is can we sue him, even if it requires involving an international firm, using the contingency fee arrangement legal/allowed where he lives but not here?

Please ask for any more details required to help answer my question.

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Quick Summary

This discussion explores the possibility of seeking parental maintenance from an estranged son living abroad. The family has an ongoing legal battle regarding a property purchased in the son's name, and they are keen to initiate maintenance proceedings. They are specifically interested in pursuing a contingency fee arrangement with an international law firm, despite it not being permitted in their home country.

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 27 October 2026

You have to prove that the flat was bought in his name with your father's/parents' money but not with his own money. Consult a prudent advocate in your area for guidance and to proceed with court proceedings.

Bhavesh (RnD head) 27 October 2026

Thank you.

We already have a case ongoing for ownership of the flat since 2012.

Our lawyer had said to wait for this case to be over before filing maintenance case.

My parents could've lived a much better life thse last 14 years had my brother done his part.

I don't think we should wait any longer given they're both above 70.

We want to sue under contingency fee arrangement. But since it's not allowed here I wanted to know if I can hire a lawyer or firm in US on contingency fee arrangement.