Dispute in family
Priya Bhatia
(Querist) 05 June 2015
This query is : Resolved
Respected Members,
My grandmother has five children we lived together as a joint family till my grand father was alive. After my grand fathers death my grand mother sold our house and distributed the amount equally in six parts including her own. And she stated that she want to stay alone.
But his first son took her with him and she stayed his family. As the year passed all her money got depleted. She gave a certain amount of cash to her elder son. They too kept her happily till she was having money. Now all her money is depleted and my elder uncles family is now creating problems for her. They fight with her daily so that she should leave the house and go forgetting the money she gave them.
Rest 4 sons asked her to come and stay with them but she refused saying i want to stay with my elder son.
Now my elder uncles family has fought with her so badly that she went at her sisters place and now she is saying she want to live in Old Age Home.
My elder uncle is now threatening us that he will make a complaint that my 4 brothers are not willing to keep my mother. But in real all the four sons asked her to come and stay with them but she refused.
What can be done in such a case.
SAINATH DEVALLA
(Expert) 05 June 2015
Instead of inviting legal complications,it is better to solve it amicably.Poor woman who was responsible for bringing those sons into this world,has to face hardships at the fag end of her life.I presume she is not dependent of anyone of them,as she kept a part of the property for herself.It would be a slap on the face for her sons if she lands up in an old age home.
Priya Bhatia
(Querist) 05 June 2015
I totally agree with you on this. Its her blind love solely for elder son that has cause this. Nevertheless she doesn't have any cash left with her now. Even now the rest four sons are ready to keep her with them but she is not ready to leave ber elder son. And now my elder uncle has fought with her so badly that she wants to stay at Old Age. This happened yesterday and we are still unaware what happened that she is taking such decision. She has given all her money to elder son and now he asked her to leave.
MANOJ HARIT
(Expert) 06 June 2015
The remedy lies under Sec 4 & 5 of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
Go ahead & get justice for the lady.
All the best.
Rajendra K Goyal
(Expert) 06 June 2015
If all other sons wish, they should contribute monthly amount for her expenses if she does not want to stay with them.
Priya Bhatia
(Querist) 06 June 2015
M having Another query sir. If we have strong evidence rather a recording of them accepting that they are purposely fighting with my grand mother so that she should leave. What action I can take against them with this evidence. And what penalty they will attract?
Priya Bhatia
(Querist) 06 June 2015
M having Another query sir. If we have strong evidence rather a recording of them accepting that they are purposely fighting with my grand mother so that she should leave. What action I can take against them with this evidence. And what penalty they will attract?
SAINATH DEVALLA
(Expert) 06 June 2015
The audio recording is difficult to prove in the court.The chances are 50/50.
Priya Bhatia
(Querist) 06 June 2015
But if proved guilty what penalties can they attract?
