Issues regarding maintainance of aged father
Sanjiv Malhotra
(Querist) 03 June 2013
This query is : Resolved
Dear Sir / Madam,
I would like to ask a point of law...
My father in law Mr X who is 81 yrs old is living with us, i.e his daughter and myself (son-in law). My wife, Daughter to Mr X is a housewife and has no means of income. Mr Y the son was very indifferent, uncareing and neglected his father that led to him to come to stay with us in an adjacent flat to ours on rent. My father in law Mr X has used up his savings for his upkeep, rent, attendants, hospital bills, medications, food, etc etc. Can't a suit be filed against the unbothered son who is an established doctor, for maintainance ? can't past maintainance also be recovered ? my father in laws monthly expenses are nearly Rs 50,000/-. The son is staying in his fathers flat as my father in laws wife died intestate and thus of the 50 % share she held in the flat was divided equally amongst the 3 surviving family members, namely the father, son and daughter. The callous and uncareing attitude made my father in law leave his home as he was petrified as to what his son and daughter in law might do to him. The son resides comfortably in his fathers house although he has his own flat which he has given on rent ! while his father has to stay on rent !! is there any recourse under section 125 (1) d... is there any other recourse, my wife also holds 16.66 % of her mothers share and her father has executed a registered and stamp duty paid gift deed of his 66.66 % in his daughters favour makeing her 84 % owner of the said flat... can justice be done ? i thank you for your advise in this regard...
Adv Archana Deshmukh
(Expert) 03 June 2013
Ask your FIL to file for maintainance u/s. 125 crpc against his son. Also ask him to file a suit for partition of the property left by your MIL in which he has a share as her heir.
Nadeem Qureshi
(Expert) 03 June 2013
Dear Sanjeev
parents have right to get maintenance from their children u/s 125 of Cr.PC and under maintenance & Welfare of senior Citizen act 2007
Rajeev Kumar
(Expert) 03 June 2013
Your FIL should file a suit against his son u/s 125 of cr.pc and file a suit for partion of property.
Rajendra K Goyal
(Expert) 03 June 2013
Could not follow the tune of share to 84%in the name of your wife or 66.6% of your FIL. However the procedure remains the same. Maintenance suit can be filed by your FIL while partition suit should be filed by your wife as your FIL has gifted his share in her favor.
ajay sethi
(Expert) 03 June 2013
he can file complaint under maintenance of senior citizens act
Raj Kumar Makkad
(Expert) 04 June 2013
Apart from filing complaint under Senior Citizen Act, a petition under section 125 Criminal Procedure code is also maintainable in he given case.
