Liability of brother towards his unmarried/widow sister
Umang
(Querist) 03 January 2016
This query is : Resolved
I have a query related to family disputes and liability of a brother towards his unmarried/widow sister.
1. My aunt(my father's sister) and my grandparents were living with us in our house. The house is in name of my father and my grandfather had no will.
2. My aunt is a divorcee since 21 years but she has not got any proof of her marriage and divorce.
3. She has not got any legal documents except a PAN card. There is no property in her name except a Bank FDR.
4. She suffered from mental illness years ago and has been taking medicines since then without any prescription.
5. Both my grandparents have passed away and have left no property/source of income for her.
Given her argumentative and violent nature along with her mental condition we do not want to keep her in our house. My other aunts' and their families have already cut ties with her.
Does my father have any statutory liability towards my aunt?
Is he required by Hindu Succession Act or any other law enforce to keep her in our house?
Is he liable for any of her expenses?
Reply ASAP.
Thanks
P. Venu
(Expert) 03 January 2016
What is the stand of your father on the issue? Why do you want to upstage your father?
atul
(Expert) 03 January 2016
No legal liability but ethical and social liabilities at times take bigger and more effective forms.
Umang
(Querist) 03 January 2016
Thank you Venu sir for replying. My father is of the opinion to send her to old age home or to vrindavan widows.
Atul sir, we have been fulfilling our ethical and social duties for around 20 years. Further, we have no intentions of abandoning her illegally.Thanks for your reply.
Umang
(Querist) 03 January 2016
Thank you Venu sir for replying. My father is of the opinion to send her to old age home or to vrindavan widows.
Atul sir, we have been fulfilling our ethical and social duties for around 20 years. Further, we have no intentions of abandoning her illegally.Thanks for your reply
K.S.Srinivas
(Expert) 04 January 2016
1. Your father has no statutory liability towards your aunt.
2. Your father need not keep her in your house.
3. Your father is not statutorily liable for any of her expenses.
Umang
(Querist) 05 January 2016
Thank you so much Srinivas sir.
Dr J C Vashista
(Expert) 06 January 2016
How did your father acquire title of the house, whether it is ancestral or devolved through some instrument/Deed?
Answer to both situations will be different.
Consult a local lawyer, if you are not a lawyer.
V R SHROFF
(Expert) 06 January 2016
"YOUR father is of the opinion to send her to old age home or to vrindavan widows."
FINE, DO IT, IF ALL OF YOU CANNOT TOLERATE ANY MORE. FATHER'S WISH..
Umang
(Querist) 07 January 2016
Vashista sir.....my father purchased the house in 1993 in his own name.......the property is not ancestral. Our ancestral home had already been sold by my grandfather. Thank you
Umang
(Querist) 07 January 2016
Thank you shroff sir and goyal sir
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
Since your father has been facing problems all through 20 years, it is e who has to decide about maintaining her any further or to send her to some old age home. No doubt he is not liable to take care legally, he can decide about it.
Dr J C Vashista
(Expert) 10 January 2016
Although none of you are legally liable to maintain your aunt (buaa) yet socially and morally all of you are bound to maintain her, she cannot be left unattended at this stage of life.
Umang
(Querist) 10 January 2016
Vashishta sir she is intolerable to live with......her argumentative behaviour has become mental torture for my parents
Dr J C Vashista
(Expert) 10 January 2016
Come what may you (and your family) shall have to accept the bitter truth; however, it is not a legal query to be advised.
Close this thread.
Umang
(Querist) 10 January 2016
Thanks for reply to all
