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Remedy Seeker (Manager)     27 July 2015

Brother is not contributing in father's maintenance

My father who is 65 Yrs old, is living with me since 6 years. My younger brothers who is more financial stable and strong than me, is not at all ready to take partial responsibilities of our father. In past, he n his wife has outrightly rejected for taking care of him on sharing basis. He has never contributed financially n also denied in future to contribute anything. My household cost get increased alongwith additional cost of rent which I am paying to have additional room for my father. I am also taking care of his medical cost as well.

Many of our relatived tried to convinced him but he has clearly rejected.

Now I want to seek legal remedy to recover the additioanl cost of living approx 3-4 lacs and future monthly expenses



Learning

 8 Replies

DR. DIMPLE JINDAL (ADV.) (Advocate)     27 July 2015

You are lucky one who have got the chance of taking care of your parents the your brother, who did not have the same luck. Keep remember, there is no god in the temples, mosques, Sri Guru Dwaras, Church or any other religious places worshiped on the name of God. If there is God on the earth, then they are Mother Fathers only. Take care properly for your parents and do not think for any legal action. Legal remedy also involve cost. Save this cost and take better care for your whole family. Becaue, if you don't forget this matter, you will lose happiness in your family and your tensions will increase along with legal cost and medical cost for bearing the tensions.

This is a bad luck of your brother, who have lost the chance of taking care of his father. 

I also will not say that if you will take care for your father, then in future you will get extra reward for the same by luck. I feel personal satisfaction is too much sufficient in spite of any other reward.

And at last, Court is not the final destination for the justice. There is one more court of God, where such decisions are taken by the God itself.        

Remedy Seeker (Manager)     28 July 2015

Thank You Jindal Ji. I am already taking care of my father for last 6 years without any interest. My father do not have any property or bank balance etc which cud be a very interest for taking care of him. My father is also a liability and socially dejected by all. He is quite big fraud and having very bad company. Infact he is off bad character as well and not at all bothered/responsible enough to be part of a family. Always involve in activities which makes a big dents over my image and family's saftey. I never want him to earn or to ask to go anywhere but just to remain a family person n to avoid all such nuances n Gandi activities. Cant describe that kind of activities he has done in his life and also still doing now despite of 64 in age. He is a big threat to my childrens as well.

My only concern to my brother was to share his responsibilities. I wont throw my father out of home or to approach police to ensure saftey of my family but worked out a solution that both we brother will keep him for equally to ensure that my father shiouldnt be settle at one place.

Now guide in this scenario where my brother has outrightly denied to share the responsibilities of our father who is himself a liability. I am not at all running out of my responsibility of taking care of my father but wont take the entire pain/trouble which my father creates for me knowingly/unknowingly.

DR. DIMPLE JINDAL (ADV.) (Advocate)     28 July 2015

I am adding my lines to above inquiry as : forget your brother and do your duty only.

Remedy Seeker (Manager)     29 July 2015

Still... I need to understand what are the legal recourses are available?

DR. DIMPLE JINDAL (ADV.) (Advocate)     29 July 2015

Your father can file an application against your brother for not taking care of him. He can claim maintenance from your brother.

Sudhir Kumar, Advocate (Advocate)     01 August 2015

Mr Jindal gave some moral advise which appears very good when applied so someone else. 

 

A wearer knows where shoe pinches and it is very good to call someone "blessed" or  "honoured"   "lucky" when he is suffering fron the bad luck where he alone looks after the parents.  The burden  always on one person.

 

Mr Jindal has also given very sound and good legal advse. If leterally applied your brother and his wife can be in Jail.

 

But

 

Practically you have no remedy.

Sudhir Kumar, Advocate (Advocate)     01 August 2015

Further the persons who cares least for the parents is very fast and quick to :-

                    (i) demand larger share of property as soon as they die or even litigate

                    (ii) allege illtreatment of parents.

                    (iii) preach less expenduture [without making any contribution or without even

                    turning up   on funeral] on Funeral and other rituatls. Or even insult the priests.

                    (iv) Insist upon being taken to Haridwar  (preferably on other expenses)

Sudhir Kumar, Advocate (Advocate)     01 August 2015

In your case the facts are slightly different.

reading your first post I really wondered how your father achieved this.

 

In second post you have clarified that

"My father is also a liability and socially dejected by all. He is quite big fraud and having very bad company. Infact he is off bad character as well and not at all bothered/responsible enough to be part of a family. Always involve in activities which makes a big dents over my image and family's saftey. I never want him to earn or to ask to go anywhere but just to remain a family person n to avoid all such nuances n Gandi activities. Cant describe that kind of activities he has done in his life and also still doing now despite of 64 in age. He is a big threat to my childrens as well.

My only concern to my brother was to share his responsibilities. I wont throw my father out of home or to approach police to ensure saftey of my family but worked out a solution that both we brother will keep him for equally to ensure that my father shiouldnt be settle at one place."

 

In this case it appears that your brother is doing what a wise man should do. But the  irony is that the Senior Citizen Act does not put any disability on senrior citizen even if he is a hatable person a fraud.

SO you can try to force your brother to leave wisdom.

 


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