Aakash (NA) 26 August 2014

Maintanance of parent

My father gifted his house (situated in West Bengal) to me unconditionally one year back. i am residing in pune for job purpose but my father do not want to stay at pune as he belong to WB and want to stay there. due to ill health of my mother they move to sister's house (married) two months back. now my sister and her husband wants the property back and trying to harass me. my father is retired railway employee and getting pension of Rs 17000 per month and free treatment @ railway hospital.

Now my question is

1) can they file maintanance case under senior citizen act,2007 without asking me for maintanance for the purpose of harassment or to get the property back? Please note few days back i had offered my father financial help but he said it is not required (i have proof on that)

2) How it would be decided that they can maintain themself with their monthly pension of Rs 17000 or not ?

3) Can my father claim back his property on this ground even the gift deed was unconditional ?

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 26 August 2014

If the gift deed is propertly registered then, your father cannot claim it back. Your parents can claim maintainance from you if they are unable to maintain themselves properly from their own income. It depends upon the reasonable needs of your parents and if they can meet their needs from their own income then, they won't be granted any maintainance.

Aakash (NA) 26 August 2014

Thanks Archana. The gift deed is registered.

As i mentioned my Father is getting Pension of Rs 17000 per month.

Is there any income limit to claim maintanance ? As per senior citizen act,2007 the maximum maintanance could be Rs 10000. So any person having income more than Rs 10000 can claim under this act?

Adv Archana Deshmukh (Practicing Advocate) 26 August 2014

There is no prescribed income limit. It depends upon the reasonable needs and expenses of your parents and their ability to meet those expenses from their own income. Of course the income of the child from whom maintainance is sought is also taken into consideration.