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SATYA PAL SINGH (Jt Secretary)     30 October 2017

Maintenance to parents

If the ancestral property ( like agricultural land ) is divided among the parents and their sons, whether the son are still legally  liable to give maintenance to the parents  ? 



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 13 Replies

G.L.N. Prasad (Retired employee.)     31 October 2017

Forget about the law, you have a Dharma, and put such question to yourself when you become old.  More ethical than any other legal matter, as even court may not support your contention.   It is not monetary that is required in advanced age, it is physical and moral support which can not be measured in financial terms.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 October 2017

Well said GLN Prasad.

 

Legally also, kindly note that as per Law of Torts, Son is liable to maintain and take care the Parents in their old age, notwithstanding whether any assets are passed or not. Even if your parents have not given you any assets, it is your bounden duty to look after them.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 October 2017

Okay if there are more than one sibiling how to handle it. Its an embarrassing problem, which need to be settled through family meetings. But not through Courts or discussions in open forums like this.

 

In fact, parents can file a case against the child/children for taking care of them. Of course, such cases are few and far between. But it is a sustainable case and Parents shall win, if they are alive by the time Judgement is given.

Azhagananth (Lawyer)     31 October 2017

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct
 
RED ALERT: Now, The Apex court has given discretion to grant amount of maintenance as per Cost of living in present days, along with medical and other benfits too...
 

M.F.KHAN   31 October 2017

under section 125 of crpc and the welfare of senior citizen and parents act 2007 the parents can claim maintenance and property right

Vijay Raj Mahajan (Advocate)     31 October 2017

The agricultural land was partitioned between father and sons. The portion that father got in the partition and income generated from it is source of income for the father and mother. If the income is not sufficient for the parents, then they can seek further amount of maintenance from their so children under section 125 CrPC and the Welfare of Senior Citizen and Parents Act. To say it's moral duty of children to maintain their parents is concerned, this concept looks good in moral science books, in old age, children are not even ready to talk with parents, leave aside maintaining them.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 October 2017

It's not the question whether parents have income or not. Point us whether they can take care of themselves. Having income and not able to look after themselves too is a good cause if action.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 October 2017

It's not the question whether parents have income or not. Point us whether they can take care of themselves. Having income and not able to look after themselves too is a good cause if action.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 October 2017

It's not the question whether parents have income or not. Point us whether they can take care of themselves. Having income and not able to look after themselves too is a good cause of action.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 October 2017

It's not the question whether parents have income or not. Point us whether they can take care of themselves. Having income and not able to look after themselves too is a good cause of action.

Cupid Cupid (CRM)     01 November 2017

Sir,

What in case of a parent who has not done their due deligence as parent in the first place? Suppose, a parent (man / woman) gives birth to a child and child is looked after by someone else thorughout. Say, a father, played only biological role in the existance of the child and thereafter never did any of his own duties as a father?

Now, when the same child is earning handsomly, ignorant parten(s) demands maintenacne under the virtue of law.

Cupid Cupid (CRM)     01 November 2017

Sir,

What in case of a parent who has not done their due deligence as parent in the first place? Suppose, a parent (man / woman) gives birth to a child and child is looked after by someone else thorughout. Say, a father, played only biological role in the existance of the child and thereafter never did any of his own duties as a father?

Now, when the same child is earning handsomly, ignorant parten(s) demands maintenacne under the virtue of law.

G.L.N. Prasad (Retired employee.)     01 November 2017

Members in the forum can only guide on legal issues and can not judge any person.


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