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M R Pai   28 July 2015

Senior citizen act 2007

My father and mother stayed with daughter for the last 7 years. After 3 months of my fathers passing away mother files for maintenance under Senior Citizen act 2007. My father has given movable and immovable property to both daughter and son and kept some movable with himself and also immovable property - in joint name with daughter and mother. Now the movable (shares) worth Rs.30 lacs is transferred in mothers name and there are valid records for this. The immovable property document is a settlement deed and is worth in few crores. The presiding officer did not look at the facts presented on the shares and land property and even though the mother repeated that she is happy with daughter still a order was slapped on Son saying pay Rs. 10,000/- monthly and transfer ancestral housing property to mothers name with immediate effect. There was no reconciliation process followed nor the complaint copy has been served. Does this makes any sense and was the spirit of the law followed? Any body can help on how to appeal and where to Appeal – This happened in Karnataka



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 2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     28 July 2015

1) best way to consult local lawyer. 2) Legally u r bound to take care of your mother n mainyenance 3) As for ancestral property u r equally entitled n can claim legally. 4) U cam appeal i higher court within 60 days from date of decree

rajagopal.s (Lawyer.)     29 July 2015

Hi 

Your mother is entitled for maintainence. However you can appeal against the order within 60 days from date of decree, citing all of the points you have stated above. 


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