My mother who is 83 yr old
Deepak Dewan
(Querist) 03 June 2013
This query is : Resolved
Hi
I need the help/services of a professional regarding my brother who has taken away my 83 yr old mother to a remote ashram (unknown location) and denied her the comfort of living in her own home in Bombay where she has lived for 32 years. Diagnosed with Dementia in 2010, and fully blown Alzheimer's by now, my mother is of unsound mind., and he has manipulated her. He has also decided to rent her flat to some friends of his.
The list of his potential wrongdoings is long, and I wish to now no longer remain a mute spectator, and bring him to book under the law. Please contact me if you can help.
Thank you
Deepak Dewan
Anirudh
(Expert) 03 June 2013
Please indicate the following:
1. Where do you live?
2. If in Mumbai, were you living separately from your mother?
3. Were you aware that your mother was suffering?
4. Did you ever offer to your brother that you would take her to your home to look after her?
After knowing from you the information to the above queries, I will suggest my answers.
Deepak Dewan
(Querist) 03 June 2013
Hi Anirudh
Thank you for responding. It is a rather long story, best told in person or phone. But briefly: I have returned to India in 2010 after several years. My eldest brother lives in London. Since 2007, when my middle brother (who lived in Mumbai) passed away, the eldest came and "took charge" of her affairs. Already of weak mind, when I saw her in 2010, she was diagnosed as having Dementia (I took her to Ambani hospital in Andheri). They advised a CT Scan to see progression of disease. But he prevented that by scaring her (over the phone from London)that she could get cancer.
She spent several months with me in Pune (where I settled after returning) because one of the 2 bedrooms in her 2 flat in Lokhandwala, had been kept locked by him and nobody was allowed to enter, including me. My mother was of feeble mind, and could never confront him, even though she wanted to me to stay with her. However, I took her with me to Pune for months, and when he would visit India (once in 5-6 months) she would go back.
For periods of months, she also lived alone with a caregiver (in Mumbai).
I showed her to a renowned Neuro-physician in Pune, who put her on medication to treat her confirming her state of Alzheimer. Within a month after her returning to Mumbai, he stopped the medication. Her condition rapidly deteriorated after that.
He has cut her off completely from her sisters and my deceased brother's wife, not permitting them to enter the house to meet her. Except for me, being her son, whom he could not stop.
His relationship with me has been an on-off type since years, and because of my mother, it was more "on" in recent times after I returned. I now realize it was only because he was using me and thought he could bully him into anything.
He came from London last week. He told me to find a sanatorium for our mother, as he wants to rent out the flat to someone and is already committed. That is when the situation turned for the worse.
I can fill you in on the rest. I believe your questions have been answered here?
Look forward to hearing back from you.
Thank you
Deepak
Nadeem Qureshi
(Expert) 03 June 2013
Dear Querist
file a domestic violence complaint against him on behalf of your mother and get residential order from court.
Feel Free to call
Rajeev Kumar
(Expert) 03 June 2013
Along with the advise given by Nadeem also file maintenance of your mother against your brother on behalf of her with all documents.
Rajendra K Goyal
(Expert) 03 June 2013
You can ask your Brother to allow your mother to live with you. If he does not agree take the help of the court. Please confirm whether the flat and other property is still in the name of your mother or title has changed. You may also file a domestic violence case as suggested by expert sh. Nadeem Qureshi ji.
Deepak Dewan
(Querist) 03 June 2013
Thank you all so much for your advice.
It is important to mention that during the past few years, unknown to other family members, he has taken an irrevocable POA from her, as well as a Gift deed for 33% of flat, which he has registered and given copy to the society.
She has no clue what she is signing since years.
Deepak Dewan
(Querist) 03 June 2013
She was living with me continuously for past 4 months. Now I have moved to Mumbai (this week) and told him I will keep my mother with me although I am not in favor of renting out her flat.
That has caused total end of all our communication after which he rushed to Pune and took her away. I do not even know where he has taken her, some Ashram outside of Pune city.
I now wish to press charges against him.
Anirudh
(Expert) 03 June 2013
Dear Deepak,
If you are really interested in keeping your mother with you and if you have wherewithal to take care of her, then please contact a lawyer in Mumbai, file a habeas corpus petition seeking the production of your mother. Your mother will be produced. Then take care of her.
Rest of the items like property matter etc., can be dealt with separately.
Deepak Dewan
(Querist) 04 June 2013
Thank you Anirudh and Rajendra. Although I appreciate your advice, you must understand that my brother is not going to mend his ways and nor is he going to relinquish "control" over my mother.
I now want to ensure that my brother learns (and is told by the law) that he can not and should not be indulging in such activities. I also need the law to help protect my mother's rights, and she be allowed visits by her sisters and other family members whom he has isolated.
What sort of complaint/case can be brought against him, notwithstanding the property issue, which as you said, can be dealt separately.
Thank you for your help and advice.
Anirudh
(Expert) 04 June 2013
Dear Mr. Deepak,
Pl. do not waste time in discussing things here.
Better get in touch with a lawyer in Mumbai and take things forward.
