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Shyam Sharma   12 June 2023

Widow old lady sick in building may die

We are living in a society in Andheri West. There is a 82 year old lady who is not keeping well for last 2 weeks. She is a widow and has been living alone since her husband death in 2020. She cant move properly on own does latrine in the house.
Her only child lives in Bangalore and has visited her twice in last month.
She refuses to go with him even after he asked her in front of society members many times.
She also refuses to keep any maid. She is alone has no relatives in Mumbai.
Last week we called police to break open her door as she was lying fallen down on the floor. The police gave her glucose and left she refused to go to hospital.
Her son says he cannot come again again as she not willing to do anything he want like keep maid, old age home or stay with him
We society fed up of her and don't want police coming here everyday. what can we do.
If she die whose fault will it be we are worried as no one to take care of her

Shyam Sharma



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 June 2023

Ask her son to come Mumbai to lookafter his mother.  He is the most responsible person.  If he  is deaf ear file a case in court on behalf his mother.

Niharika Lohan   12 June 2023

Hi Shyam Ji, I’m Adv Niharika and here is my take on your query.

I understand and appreciate your civic sense, kind gesture towards your neighbour.

However, you can actually do nothing about it, if the lady is adamant in leading her current lifestyle of solitude & self reliance.

In her best interest, you can either contact and explain the situation to her family members. In the event that even the family members (son, here) has been made known and aware , despite this knowledge he for whatsoever reasons is not able to maintain/take care of his mother. You or any other neighbour is not at fault, nor will you be held liable or responsible.

The second available remedy in the best interest of the old neighbour of yours, will be to inform of such situation at any NGO, or some other Social institution, which work especially with the distressed, old aged persons, and the categories of the like.

This is the best available remedy that you can avail, to do good to the aged, old and weak neighbour of yours.

You cannot however, force upon her the interest (howsoever bonafide/good intention) to live her life in a certain way. Article 21 of the Indian Constitution, wherein the right to life is provided, will back up any way of living that the old neighbour is practising at her own free will.

For further questions you can reach me via email  at Niharikalohan@yahoo.com 

I hope the above information is useful to you.

Dr. J C Vashista (Advocate )     12 June 2023

As a respectable member of the Society and the old infirm lady does not want to go with her son the responsiblity of neightbours / all members of Society increases to any extent, including "out of way" to "any-way".even if she is reluctant to accept any help.

T. Kalaiselvan, Advocate (Advocate)     13 June 2023

If the old lady is adamant and reluctant to accept any assitance from the neighbors or her close relatives, nobody can do anything about it.

You cannot force her to accept your assistance or help.

You can remain a silent spectator.

You cannot be blamed if she happens to die due to her old age ailments. 

Sudhir Kumar, Advocate (Advocate)     13 June 2023

Given facts do not indicate her son to be wrong.

given facts also do not indiate anything more than this the society could do.  They have to keep calling the police.

 

If she is nto willing to go with son she may also not like to go to any age care institution.

Sudhir Kumar, Advocate (Advocate)     14 June 2023

The issue is more social than legal.                   

Shashi Dhara   14 June 2023

She has freedom to stay were she likes no one can object or disturb her ,her death don't affect the society members, be kind with her she may live for few months ,tolerate for few months.


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