Assault and harassment of son to their aged parents.
Mr. Fahad
(Querist) 25 October 2023
This query is : Resolved
In my neighbors Elder two sons are harassing mentally and physically to their senior aged parents for transfer of all their property to them and the sons also taken their original registered documents forcefully from their parents, please let me know the legal remedy to protect the right of parents and the parents went to police station but police authorities are not taking complaint of them.
kavksatyanarayana
(Expert) 25 October 2023
Complain with the nodal officer or the nearest police station about the abuse by their son. To protect their rights, senior citizens planning on gifting property to their child should consider including an express condition in the gift/transfer deed that the child will maintain them. If the child violates this condition, then the parent can approach the Maintenance Tribunal to declare the gift void and return the property to the senior citizen.
T. Kalaiselvan, Advocate
(Expert) 26 October 2023
They can contact the senior citizens welfare tribunal within their jurisdiction with a complaint against their rogue children who are torturing them for the sake of property.
If the local police is not entertaining their complaint they can approach the higher police officer or to the judicial magistrate court within their jurisdiction with a petition seeking direction to the concerned police to initite action on their complaint.
Advocate Bhartesh goyal
(Expert) 26 October 2023
Yes, parents can file complaint before Sub Division Magistrate under the provisions of senior citizen Act and also lodge FIR u/sec 294 of IPC against their sons.
Sudhir Kumar, Advocate
(Expert) 27 October 2023
you cannot file complaint but can hep the parents to come forward.
Dr. J C Vashista
(Expert) 29 October 2023
The parents should move to Maintenance of Parents and Senior Citizens Tribunal (generally constituted by DC / DM of district), if police is taking no action and they (parents have lost faith in judiciary)