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MS   07 November 2024

Betrayed by son

Hi,

I'm from Andhra and I have 2 sons. Elder son settled in HYD and Younger one in BNGLR. My 2nd son(35 now) got inter-religion marriage in sep 2022 though we are not happy. Before wedding he bought a house in Bangalore with home loan and we didn't help him financially. Upon knowing the news about his marriage, my elder son who stays in HYD visited us with his family (he's got arranged marriage and now has 2kids aged 11 & 6)(we are in Andhra).

He brainwashed us saying, "though we are not happy he got married and he can go to any extent, be careful with the gold and silver you have at home as he can threaten you and take that with him."

Then he said give gold and silver to me, I will keep it safely with me as you are aged and shouldn't trust anyone these days so better I'll keep it with me and whenever you want I can get it and give you.

We were blindly believing the elder son and gave all the ornaments to him in dec 2022 and he left to HYD, during this conversation one of our relative was present at our home.

Later after few months when we asked him to get the ornaments, he said pay me 30 lakhs and I will give the ornaments.

We were shocked and asked why, he said "Since the time I started earning, I gave you money and I want that back now, as I think you have saved all the money I gave to you and gave it to younger son as he bought a house."

We have not given a penny to 2nd son and he bought the house from home loan and we have shared the bank statement copies also with my elder son but still he is not listening to us and not giving the ornaments.

Now due to medical issues me and my wife are in critical situation but still elder one is denying to give the ornaments.

He is saying I will use this as you have to pay me my money.

He is highly influenced by his wife and her parents and not at all bothered about us.

I have to undergo cancer treatment now and left with nothing, my 2nd son and his wife is taking care of us to the maximum extent he can but for treatment we need money and we are left with nothing.

I would need your help if I can file a legal case against elder son for cheating us?

As we don't have any written proofs of him taking our ornaments and only one relative is evident.

It's not that he is struggling, my elder son is earning really well and he has 2 properties in HYD but still greedy for those ornaments and we are left with nothing.

Please suggest what case can we file on him please.



Learning

 10 Replies

P. Venu (Advocate)     07 November 2024

Admittedly, you and your wife are senior citizens. You can approach Senior Citizens Tribunal and seek return of the properties entrusted.

kavksatyanarayana (subregistrar/supdt.(retired))     07 November 2024

You can file a case against your elder son under Senior Citizens welfare Act.

MS   08 November 2024

Thankyou Venu and kavksatyanarayana garu...

Dr. J C Vashista (Advocate )     08 November 2024

Very well analysed and advised by learned senior experts, I endorse.

Besides approaching Senior Citizens Tribunal you can seek maintenance u/s 144 BNSS (125 CrPC) from both sons + daughter(s), if any.

MS   08 November 2024

Thanks for the response.

Elder son is not ready to give any maintenance to us and whatever he used to give earlier from his salary, he is asking us in return to pay the amount which we have used for daily expenses.

He is saying, "I'm not ready to pay any amount to you and I'm least bothered about you."

No one should get a son like him.

T. Kalaiselvan, Advocate (Advocate)     08 November 2024

You can lodge a criminal complaint also against him with police for the acts of cheating, threatening and criminal intimidation besides approaching senior citizens welfare tribunal 

MS   08 November 2024

Sure, thank you.

Dr. J C Vashista (Advocate )     09 November 2024

Originally posted by : MS
Thanks for the response.
Elder son is not ready to give any maintenance to us and whatever he used to give earlier from his salary, he is asking us in return to pay the amount which we have used for daily expenses.
He is saying, "I'm not ready to pay any amount to you and I'm least bothered about you."
No one should get a son like him.

It not the question of ready or not, willing or unwilling but law shall prevail and compel your sons / daughter(s) to maintain their parents (you and your wife) despite the fact they (your childern) are debarred from your precious blessings. 

You are required to put the law into motion through a local prudent lawyer and do not get swayed by your affection towards such non-caring children at the time when they are under legal obligation and pressure to maintain you (both).

MS   09 November 2024

Sure sir, will do as per the suggestion.

Thanks for your support.

Really helpful.

Dr. J C Vashista (Advocate )     10 November 2024

Mr. MS

It is not only suggestion but it may be accepted / proceeded as sincere "legal advise" obliged by learned senior experts.

Thanks of understanding and appreciation. 


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