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Saurav (Engineer)     14 March 2014

Need advice about separation with parents

Hello all Lawyers,

I am 30 Year old, unmarried male from Bangalore, India. I stay at my family home along with my Parents, 1 Elder brother and his wife and kids. Now due to differences with my elder brother and my parents backing my elder brother I wish to move out of the house.  I would like to cut off all legal ties with my parents and my elder brother. I do not need anything from my parents just want to legally cut off with my parents.

I would like to know that once I move out of the house and live separately would it be considered that all my legal ties with my parents would be cut or is there a way to cut ties with the Parents legally?. The reason I am asking is because I do not trust my elder brother and I do not want be in legal issues in the future.

Also one more thing, my parents are quite old ....Father is 61 while mother is 57. I would like to know whether they can file a abandonment of parents case against me even if I am not staying in my parents home?.



Learning

 8 Replies

adv.raghavan (Advocate,9444674980)     15 March 2014

If at all your parents have some  properties, in that case if you want to relinquish your legal  rights,But otherwise i do not think any effect will be there with reference to the agreement you are referring to, time and again the issue was raised  and little has come out.Since your parents are supported by  your elder brother, as of now there wont be any problem, if they are deserted,by both of you , then they can move the court and file case under PROTECTION OF SENIOR CITIZENS ACT. 

Saurav (Engineer)     15 March 2014

Dear  Adv. Raghavan,

Thanks for your kind reply. Yes i want nothing to do with my father/mother property. In the future if my elder brother ill treats my parents(I am more inclined to say that they will) once they get the property in their name(elder brothers name) I am concerned if my parents can still file a SENIOR CITIZENS ACT case against me  ?.....that looks like a little unfair considering that I do not want anything to do with parents property but still I would have to pay for their maintenance in future?.

adv.raghavan (Advocate,9444674980)     15 March 2014

Irrespective any considerations from parents, you are liable to take care of them.

Saurav (Engineer)     15 March 2014

Thank you for your kind advice Adv. Raghavan.

T. Kalaiselvan, Advocate (Advocate)     15 March 2014

Your parents can sue both their children seeking maintenance amount, it will depend upon the individual's economical background about the quantum of maintenance amount to be shared by each.

Saurav (Engineer)     16 March 2014

Dear Advocates,

I just had one question if you do not mind. I have funded my own education by taking loan in my name. If suppose a Male son is being mentally tortured in his own home (example: abused by elder brother/sister-in-law and connivance with Parents), forcing to get married and/or forcing to get married to girls the Son is not interested in marrying in and suppose the Son relinquishes all rights to Parental property/money and move out of the father's home to live a separate is it not unfair for the same parents to file a case against Son for abandonment of Senior citizens?. The qn I am asking is because in Western countries Children leave home by 18 years and do not generally claim anything of parental money but they are not required by western law to pay for maintenance of parents............Is it not unfair for Sons to pay maintenance to same people who are mistreating you?. 

There are laws to protect Parents by mistreatment but where are laws to protect Adult sons from emotional/mental torture by Parents?.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 March 2014

Que Sera Sera, whatever will be will be, the future is not for us to see. You leave your parents and stay separately. If your parents transfer their properties to your brother and he evicts them out of the house, come here again and ask for advice.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 March 2014

By the way your father is not very old. He is a full 20 years younger to me.


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