Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Deepak   06 March 2018

Sibling not taking care of elder mother

my father's older brother does not want to take care of their mother as she is old and needs attention. They both have lived separately and my mother also passed away last year. My uncle takes full advantage of this situation and doesnt want to take care or share responsibilities of his mother with his brother. My father takes care of his mother and mother in law both, despite losing his wife, for a very long time. He also took care of his father till he passed away. My uncel has never taken any are of his parents saying his wife is overpowering and does not allow him to take care of them. Now since my father is also working he requests his brother to share and take care of their ailing mother, which he denies or takes her with him and brings her back in 3-4 days saying she is old and I am not able to take care. Now the entire responsibility and burden of her  has to be done by my other grandmother who is also old by relatively healthy. All we ask him is to take atleast share some responsibilities when my father has to attend some function or travel as she cannot be accompanied everywhere.

Mu uncle also took share of the ancestral property which was sold a few years back, but when it comes to share responcibilities he shies away.

Is there anything we can do or any provision in law which can sort this situation??



Learning

 8 Replies

Ambanshu Sahni   06 March 2018

As such you cannot approach against your brother. However what can be done is that an application can be made by the mother under Section 125 Cr.PC against your brother that he is refusing to maintain her. This being a social justice provision the court might take a considerate view and allow the application. The court may also ask them (your father and uncle) to share the financial cost. The most important thing to be proved in this is that your garndmother is unable to maintain herself.

Warmly

Ambanshu Sahni

7291090489

 

Deepak   06 March 2018

Thank you Mr. Ambanshu
Since my grandmother is very old and not educated, will all this process require her to visit court often, she is almost confined to a single spot. Isnt there any why which makes him a little frightened and think legal action can be taken agaist him, as frankly no once wants to get into legal battle and runs to courts every other day.

Ambanshu Sahni   06 March 2018

We can certainly send a legal notice to him and see how he reacts. For further discussion regarding the notice feel free to contact me.

Warmly

Ambanshu Sahni

7291090489

Arvind Singh Chauhan (advocate)     06 March 2018

She can take recourse of 125 Cr.P.C and Maintenance and Welfare of Parents and Senior Citizens Act 2007 also. There are so many provisions in this act.

Kumar Doab (FIN)     06 March 2018

Which personal law applies in this case e.g; Hindu?

Or all you all Hindu?

Confirm?

Kumar Doab (FIN)     06 March 2018

1st of all try for recourses with amicable settlement… e.g; ask to maintain maid to take care of aged grandmother………..and all sons/daughters/sons in law/daughters in law  may agree to pay equally for the service….and medical expenses etc ………..

While your father can continue to have the affection, love. Blessings of his other and mother in law with their presence with him and his personal family your uncle can share the expense……and your grandmother as felt by her does not entangle his other son(your uncle) in disputes and litigation… 

 

Kumar Doab (FIN)     06 March 2018

Ancestral and Self Acquired property of parents;  Children being legal heir have share thus your uncle has a share and if he has taken his legitimate share then NO one can complain.

In case of Hindu male, ClassI legal heirs have equals share i.e. Mother (if alive as on date of death), Wife (if alive as on date of death ), sons, daughters……………….

An individual can dispose his self earned/acquired/share in ancestral property in his/her life time by a valid/registered deed in anyone’s favor e.g; WILL (preferably registered), settlement/transfer/relinquishment/release/gift/sale deed etc in anyone’s favor..

 

Ancestral and Self Acquired property of your Paternal Grandfather; If he did not dispose his share/estate/property in his life time then one share is for his Mother , wife, sons, daughters as explained above…

His wife can claim to be maintained from estate left by his husband…

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband and sons, daughters…………

If property is acquired from husband side then 1st right is of her sons, daughters…………then heirs of husband if sons, daughters are not present…

If property is acquired from parent’s side then 1st right is of her sons, daughters…………then heirs of father if sons, daughters are not present…

Your grandmother despite any arrangement made by her sons can dispose her estate/property/share in anyone’s favor…

Kumar Doab (FIN)     06 March 2018

The quick, easy recourse may also lie in;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under the Act in your state…

The maintenance and proper care can be sought under the Act…………

The expenses may not be even Rs.100/----and results can be quick….

Check at nearest LOCAL Tribunal….


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