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gurupreet (business)     11 March 2010

Reg Senior Citizen Act- Please help URGENTLY

Hello Dear Friends,

I am suspecting harrasment from my father & mother in the form of a case against me in form of senior citizens act. While i have always looked after them they have recently not been on good tersm with me because of my sister and her husband.

My question is as follows:

My father owns 6 shops and earns at least 3-6 lacs a month while  i just earn 15-20 thousand per month. Can my father and mother still drag me into a false case under the "senior citizens act" ?

If yes what precautions should be taken by me. Please help me...Thanks in advance friends.

Regards



Learning

 13 Replies

A V Vishal (Advocate)     11 March 2010

Under S.4. Maintenance of parents and senior citizens : (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5..... From your query it is seen that they are receiving rentals of 3-6 lacs, so legally they cannot proceed under the said act.
1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     12 March 2010

YOUR   FATHER   CAN  NOT  FILE  SUIT  AGAINST  YOU   UNDER    THE       SENIOR      CITIZEN     ACT.

Anil Agrawal (Retired)     12 March 2010

1. Are you living with them.

2. Can you afford to live separately.

3. In view of their financial position, no cause of action lies against you UNDER THE LAW.

4. OUTSIDE LAW, YES POLICE CAN HARASS YOU.

5. If parents want their son behind the bars, what can one say. So far we heard of sons throwing out parents. It is now in reverse.

6. The last has not been heard. Many weird situation would develop in course of time.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 March 2010

As they are possessing valuable properties, they are not entitled to proceed under the act

niranjan (civil practice)     12 March 2010

I know that this is not reply to your querry as my learned friends have already replied,but I thought as to why your sister and her husband would do so ? I fear that their intention is not only to harass you but to oust you from father's property.So if the property is ancestral,you cannot be ousted,but if the property is self earned property,your sister can oust you by getting will inher favour etc.,so concentrate on that line.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 March 2010

very appropriate answer, mr niranjan.

Anil Agrawal (Retired)     12 March 2010

During the life time of your parents, your sister and her husband cannot oust you. Your parents can sell, transfer or gift the property to his daughter then alone she has title and ownership and can oust you.

But even if there is a will in her favour, unless it is probated, which will happen only after the parents are no more, such a piece of paper will not confer on them the ownership title. The worst scenario would be if your father (if it is his self-acquired property) transfers it to the daughter by any means (WILL HAS NO MEANING DURING HIS LIFE TIME).

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 March 2010

act send to you as pm.

my personal opinion is tell your wife to be close with your mother /parents. her little sbmission to her parent in laws will have greate effect & improve over the present relationship and your sister and her husband's evil effect will be removed.

maintenance is in the question & they need not require money from your such short income comparing to their income. perhaphs they need old age care and lookafter.

Anil Agrawal (Retired)     13 March 2010

I beg to differ with Mr. Gupta. It is a bias generated out of something which we do not know.

Anil Agrawal (Retired)     13 March 2010

That everything is hunky dory with Gurupreet and his wife in relation to in-laws is a fair tale. Human nature is very fragile. Who has hurt whom and what is the repercussion cannot be predicted. Oedipus complex does not seem to work here. Sometimes truth is stranger than fiction.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

might be sir.

Amit Gupta (Advocate)     28 March 2010

I m sorry, but i beg to differ from all of u.

1. father can file a petetion but to succeed he has to prove that he can not maintain himself from his own earnings.

2. there is no differnce in self aquired property or ancestaral property. after the hindu succsseion act came into force the first class heirs will inherit the property of deceased, and moreover sec 6 which talks about coparcenary propety has also been amended in 2005.

3. so in present case father can will, gift, sale, trust all his property in the name of any person.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 September 2010

I do agree with Mr. Niranjan


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