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jugal (a)     07 August 2021

Senior citizen father abuse senior citizen mother mentally

My father who is senior citizen (75 year Old) abuse my mother mentally in many means directly or indirectly from last 45 years. Couple of times i had aggressive argument with him . Even, he raised false allegations on her . he defamed my mother multiple times in past across all relatives and his friends and after his ego satisfied he behaved  normally.  While my mother was in covid he abused her like anything and i had very heated argument with him . Now my whole family think it's enough and we want to separate from him . he helped me financially in 2012 during i purchased home but now i want him to return money with interest and disown him . Can someone of you please advice me what would be the legal process



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 9 Replies

Dr J C Vashista (Advocate)     08 August 2021

If your mother is being tortured by her husband she may file a complaint before area Magistrate under the provisions of Protection of Women from Domestic Violence Act, 2005 and/or Maintenance & Welfare of Parents and Senior Citizens Act,  2007.

It has no relevance to the amount borrowed by you from your father, which has to be dealt separately. 

G.L.N. Prasad (Retired employee.)     08 August 2021

The simple solution is to take your mother and live in a separate house peacefully.  You may send some maintenance if he is not having a steady income.  Has your father demanded any money from you for your upbringing and giving education etc ?  Are you paying any house rent for staying in the home built by your father with such financial assistance from you?

jugal (a)     08 August 2021

Thanks Sir for replying . 

My father has steady income . He financially help me  in 2012 while i purchased house . Now he is staying with us . Can you please advise me what would be the legal procedure for returning money and disown him from family , If he denied to take money what should we do .he can play his Old age card and put all false allegations on us . 

G.L.N. Prasad (Retired employee.)     08 August 2021

This query was running since 2013 and in that query, you have replied that you are residing separately and your father is having bank interest as steady income and as to whether your father can attach your salary towards maintenance, etc (All this after borrowing from him in 2012).  Who is the owner of that house in which you are residing?  If you are having ancestral property and some nucleus came from that joint property/ancestral property, irrespective of such quantum the property belongs to joint family property. Once the son lives separately and is not connected it is enough and this was your position as on 2013., How can you disown the father's relationship legally now when it is you who brought him to your house when he is living separately.  How he secured that income for lending it to you for the purchase of your house?.  Everyone thinks that he is a good player and plays their cards thinking that they are wise and you might have considered your father aged 75years as a burden on you and not willing to pay even maintenance in 2013 and now wanted to repay the money even when he is not demanding and now you wanted to disown him after living separately in 2013.

Your father was living separately in 2013.  He was having a steady income then.  He has even lent some money in 2012 and you have availed a bank loan for the purchase of a house and expressed tonnes of difficulties in 2013.  Then you have doubted that your father may demand maintenance from you.  In 2021 you raised a new issue of marital disputes to disown him after bringing him to your house and prepared to pay the amount lent by him to disown him ?

Contact a local advocate as discussing certain facts is not proper in an open forum.

Dr J C Vashista (Advocate)     09 August 2021

Originally posted by : jugal
Thanks Sir for replying . 

My father has steady income . He financially help me  in 2012 while i purchased house . Now he is staying with us . Can you please advise me what would be the legal procedure for returning money and disown him from family , If he denied to take money what should we do .he can play his Old age card and put all false allegations on us . 

There is no such specific procedure to refund money if not demanded or he is unwilling to accept.

At the most you may open a Bank/ post office account in his name (through your mother or yourself) and deposit the amount in the account.

Why are you so keen to refund your pop's money, which is your BAAP KA MAAL?

You have no reason / procedure / law to disown your father.

Conversely you are liable to maintain and take care of your father in his old age, which you are shying away. 

G.L.N. Prasad (Retired employee.)     09 August 2021

With due respects ,  the procedure recommended is not possible:  "At the most, you may open a bank/ post office account in his name (through your mother or yourself) and deposit the amount in the account."

 

P. Venu (Advocate)     09 August 2021

It appears your primary concern and objective is in removing your father from your house. Of so, please post the connected facts.

G.L.N. Prasad (Retired employee.)     09 August 2021

The relevant facts were stated in the 2013 query, when the father is living separately, with his income through Rs.17,000/- bank interest, the query then was how to avoid maintenance and whether the father can get his sustenance from the salary of the son when most of the salary went for deductions to housing loan, etc.  In these 8 years, the father and son are residing together and now the query is how to send the father out by repaying his loan used for construction in the house

Kevin Moses Paul   10 August 2021

As per your query, let me bring some legal facts your attention. In general according to law you cannot legally change your relation to not related, as it does not work that way. However, you can however disown them in terms of being in line to inherit anything from you in the sad event of your death. This could involve removing them as nominees, having a will clarifying that they have no legal right to your property etc.

Hope It Helps!

Regards
Kevin M. Paul

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