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vinothkumar   27 April 2015

Father threatining to file case against us

hi,

I am native from tamil nadu. In my family me and my younger brother are there. i got married to girl outside our caste in 2003 (while studying my MBA) and so my parents was asked me to give Relinquishment deed so that there will not be any rights for me on their property, initially i thought they are not serious but since they started giving more pressure i have given them relinquishment deed as per their request in 2005 after taking 10K from them.

Even after giving relinquishment deed, i used to visit my parents in my native on humanity ground. Later slowly i progressed in my career, by 2010 i bought a house in my native place, based on my mother request on humanity ground. I allowed my parents to stay in my house without getting any money on monthly basis and started to give money whenever they need from me.

My mother was retired government officer and she getting around 17k pension. My Father worked in private concern still 2005 but not working for past 10 years. Background of my parents relations, They both got divorced in 1999, my father lived with lady and her daughters in separate house. In 2005, my father got some problems with that lady and came to house. My mother on humanity ground, accepted him to live with her.

Now my parents fighting with each other and my father want to stay alone and asking me money for his maintenance. Since they staying in my house, I asked them to vacate and requested them to not trouble me. As per my request, they vacated my house but now the problem is my father have send me notice asking for monthly maintenance to him since he is staying alone and no way for his earning.

Since my mother and father are senior citizens, my father going to file case "Parents & Senior citizen Welfare act"

I want answer & Clarification on the following question...

1.Does my father still posses any right to file case against me for monthly maintenance after getting relinquishment deed from me?

2.Do I want to give any money on monthly basis to him? what should be the maximum amount i should give him?

3.since i have already given relinquishment deed, Incase if i am made to give monthly maintenance, do i get any rights from my parents property?

4. Also my mother agreed to pay him monthly 5k and stay with him, but he not ready to stay with her and want monthly maintenance only from me and my brother? Is this can be legally done.

Kindly suggest.
 



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 9 Replies

Laxmi Kant Joshi (Advocate )     27 April 2015

As i understand from your post you had relinquished your share from the property of your parents by making registered relinquisment deed in his favour , legally your father never disowned you, if it is so and really he has no source of income for his maintenance then you have to pay maintenance to him it is very nominal .

vinothkumar   27 April 2015

Also in the advocate notice received by my brother, it is mentioned that all Lawyer fees incurs for this should be paid me and my brother...

While sending notice to me they are sending intentionally to my head office of my company which is 15KM far away from my work place, where i worked before 6 months instead of sending to my residence address.

 

vinothkumar   27 April 2015

I relinquished based on their request only. Since i have relinquished, i am not his legal heir then why should i pay for him.

Anyhow if the case goes in his favor, what should be the maintenance i should pay to him. Should i need to pay his lawyer fees also.

saravanan s (legal advisor)     27 April 2015

i agree with lakshmikanth joshi sir

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 April 2015

Dear Querist

My opinion on your queries are as under:

 

1.Does my father still posses any right to file case against me for monthly maintenance after getting relinquishment deed from me?

Opinion: If he is unable to maintain himself and there is no source of earning then he is entitle to get maintenance from you and your brother.

 

2.Do I want to give any money on monthly basis to him? what should be the maximum amount i should give him?

Opinion: Its depend on your income and his expenditure.

 

3.since i have already given relinquishment deed, Incase if i am made to give monthly maintenance, do i get any rights from my parents property?

Opinion: No, after relinquishment Deed you have no right until and unless this deed cancelled.

 

4. Also my mother agreed to pay him monthly 5k and stay with him, but he not ready to stay with her and want monthly maintenance only from me and my brother? Is this can be legally done.

Opinion: When he file the case against you then fight the case on merit.

vinothkumar   24 June 2015

Today we had enquiry from district social welfare officer...We (me and my brother) agreed and given in wrtten that we would pay 10K (i.e 5K each) and requested him to stay with my mother... he disagreed for the same and asked 20K (i.e 10K each) and also share from my mothers asset...

And since he not agreed District Social Welfare Officer said that they would forward to next level i.e to District Revenue Officer...

Going through the articule in https://www.lawyersclubindia.com/articles/details.asp?mod_id=6264#.VYrpoPmqqko , it is mentioned that maximum amount for the maintenance is 10k and we both agreed to pay 10K (each 5K)...but still he not ready to agree the same...is there really any limit for maximum amount or it can be decided as per the ordering authority...

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2015

The maintenance can be decide by the court/authority as per the income, savings, expediture and status of the family, hence there is no limit for maintenance.

fight the case on merit, as this stage the person can be maintain himself with 10K easily hence the court will not pass the maintenance order more then 10K.

he is not entitle to get any share from your mother's property if your mother is absolute owner of the property

Adv k . mahesh (advocate)     25 June 2015

if father disowns you legally then you dont have any rights in his property and one more thing you mentioined that your parents are divorced long back so he cannot ask legally maintenance from your mother and he cannot ask any share in your mothers property

and about maintenance from sons it is to be decided mutually from your salary how much you both wanted to give to your father and court will also decide after seening his monthly expenditure as being senior citizen they would have medical history and expenses and you have to pay even to your mother also may be she is pensioiner but it is your duty to take care of her

so it is your duty to give maintenance and ultimate will decide after seening your family expenditure and his expenses and will pass order accordingly from your salary

Adv. Chandrasekhar (Advocate)     25 June 2015

In senior citizenship Act, there is maximum limit.  Hence, he can't get more than 10,000/- Had he gone under Section 125 cr.p.c. he would have got if you and your brother have been earning handsomely.  It appears that he has got immovable property, as you relinquished.  If so, then the amount of maintenance reduced.  He has got a right to stay away from your mother but seek maintenance from you both sons.  But he does not have any right to seek share from your mother's immovable property nor your mother is legally liable to pay anything to him, except on humanitarian grounds.


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