Maintainance of senior citizen parent

Your father can disown and debar your borther, his wife/family from his assets.

You can not file any case if you want from your side alone, however, you can flie  on behalf of your father seeking maintanace.

agree with expert

DEAR MR. YOUNGER SON 

                                              DEAR FORUM MEMBERS . PLEASE DON'T MISTAKE ME FOR GIVING A OPINION THAT IS DIFFERENT FROM WHAT YOU HAVE STATED . I TOTALLY DISAGREE WITH THE OPINION GIVEN BY MY FRIENDS WHO ARE ALSO MEMBERS OF THIS FORUM AND I HAVE READ THEIR OPINION ALSO IN MANY MATTERS . BUT IN THIS I HAD TO DISAGREE FROM WHAT THEY HAVE STATED BECAUSE I HAD A SENIOR FRIEND ABOUT THREE YEARS BACK WHO WAS DISOWNED BY HIS SON AND ALL THE FAMILY MEMBERS BUT HE WAS LIVING ALONE EVEN WHEN HE WAS 65 YEARS OLD . I SUGGESTED HIM TO GET MAINTENANCE FROM HIS SON WHO IS STILL WORKING IN RESERVE BANK OF INDIA , KANPUR .THIS IS NOT LIKE OTHER COURT CASES . IT WILL BE SETTLED IMMEDIATELY . BUT THE MAIN PROBLEM IS THAT YOUR BROTHER IS WORKING ABROAD AND IT IS VERY DIFFICULT TO GET THE SUMMONS SERVED ON HIM FROM A LOWER COURT . I HAD FACED THIS PROBLEM IN ONE OF THE FAMILY MATTERS BETWEEN HUSBAND AND WIFE IN THE YEAR 1997 . I COULD NOT GET THE SUMMONS SERVED ON HIM FROM A SUBORDINATE COURT ON 3 OCCASIONS . BUT FINALLY THROUGH CHRISTIAN MARRIAGE ACT I APPROACHED THE HIGH COURT AND I WAS ABLE TO MAKE HIM RUN FOR SUM MONTHS WITHOUT RECEIVING THE SUMMONS . BUT IF WE GET PAPER PUBLICATION OF THE SUMMONS THEN HE CANNOT AVOID . IN THE CASE OF THE SENIOR CITIZEN WITHIN 3 MONTHS HIS SON APPEARED IN THE COURT AND AGREED TO GIVE HIM RS . 1000/- PER MONTH AND HE DID THAT ALSO . THE SENIOR CITIZEN ALSO AGREED FOR THAT BECAUSE HE HAD THAT ONLY SON AND 3 DAUGHTERS , ALL OF THEM MARRIED  AFTER SOME SOME MONTHS HIS SON TOOK HIM AND KEPT HIM WITH HIM . BUT THE SENIOR CITIZEN'S WIFE HAD TO LEAVE HIS SON AND LIVE WITH HER RELATIVES . THEN I CAME TO KNOW THAT THERE IS SOME FAMILY POLITICS .FOR SOME MONTHS HE LIVED WITH HIS SON AND AFTER THAT HE AGAIN LEFT HIM AND LIVED SEPARATELY .

          AS FAR AS YOUR CASE IS CONCERNED , AT NO POINT OF TIME YOUR PARENTS CAN DISOWN THEIR SON AND LEAVE HIM WITHOUT GIVING HIM A SHARE OF THE PROPERTY . EVEN IF THEY DO YOUR BROTHER CAN FILE A CASE FOR HIS SHARE IN THE PROPERTY . AS LONG AS THEY ARE ALIVE , HE CANNOT DEMAND THAT , HE MUST GET HIS SHARE OF THE PROPERTY . IF THEY LEAVE A WILL ON YOUR NAME , THEN HE WILL APPROACH THE COURT FOR CANCELLATION OF THE WILL AS EVERYBODY SHOULD BE GIVEN A SHARE IN THE PROPERTY OF THEIR PARENTS OR THEIR GRAND PARENTS , BOTH DAUGHTERS AND THE SONS .

     I CAN SUGGEST ANOTHER WAY TO GET MONEY REGULARLY FOR YOUR PARENTS , IF YOUR PARENTS HAVE CLEAR TITLE ON THE PROPERTY FOR MORTGAGE . NOW BANKS ARE GIVING REVERSE MORTGAGE LOANS FOR SENIOR CITIZENS AS WELL AS THOSE WHO ARE NOT CARED BY THEIR CHILDREN .THE REPAYMENT PERIOD IS 25 YEARS NOW AND PREVIOUSLY IT WAS 10 YEARS . YOUR PARENTS NEED NOT REPAY THE LOAN . 75% OF THE VALUE OF THE PROPERTY WILL BE THE LOAN LIMIT BUT IT WILL NOT BE GIVEN AT ONE STRETCH . INITIALLY FOR MEDICAL EXPENSES OR THEIR DAUGHTER'S MARRIAGE THEY WILL GET A LUMP SUM AMOUNT . AFTER THAT THEY WILL GET A FIXED AMOUNT EVERY MONTH DEPENDING ON YOUR AGREEMENT WITH THE BANK . THIS WILL BE GIVEN FOR 25 YEARS OR TILL THEIR LIFE TIME OF YOUR FATHER AND MOTHER . THE PROPERTY WILL BE UNDER MORTGAGE TO THE BANK . AFTER THEIR DEATH IT IS OBLIGATORY ON ANY OF THEIR CHILDREN TO REDEEM THE PROPERTY BY REPAYING THE LOAN AMOUNT AVAILED PLUS INTEREST IN ONE STROKE . OTHERWISE THE BANK WILL ISSUE NOTICE   TO THE LEGAL HEIRS UNDER SECURITISATION ACT 2002 FOR REPAYMENT OF THE LOAN WITHIN 60 DAYS . IF ALL OF YOU DON'T REPAY THE LOAN , THEN THE PROPERTY WILL BE BROUGHT FOR AUCTION AFTER ISSUING A NOTICE TO ALL GIVING 30 DAYS TIME . AT THAT TIME ALSO YOU CAN REDEEM THE PROPERTY . IF YOU ALL WANT TO SELL THE PROPERTY AFTER THE LIFETIME OF YOUR PARENTS , THEN YOU MUST DO THAT BEFORE THE BANK ISSUES THE FIRST NOTICE GIVING YOU 60 DAYS TIME FOR REPAYMENT . AFTER RECEIPT OF THE NOTICE , YOUR RIGHTS OVER THE PROPERTY WILL BE TAKEN AWAY AS PER THE ACT AND YOU CANNOT ENTER INTO ANY AGREEMENT WITH ANYBODY AND EVEN IF YOU ENTER INTO ANY AGREEMENT , THE PURCHASER WILL QUOTE A VERY LOW VALUE FOR THE PROPERTY BECAUSE YOU SHOULD NOT ENTER INTO ANY AGREEMENT . SO YOU MUST ACT FAST . WE HAVE FILED A CIVIL REVISION PETITION IN THE MADRAS HIGH COURT NOW THAT THEY HAVE LOST THE OWNERSHIP OF THE PROPERTY WHEN THE PROPERTY WAS TAKEN POSSESSION IN APRIL 2011 AND SALE CONDUCTED IN MARCH 2012 . WE HAVE CHALLENGED ONLY ONE JUDGEMENT IN SEPTEMBER 2013 . BUT THE COURT HAD ORDERED FOR THE EARLIER JUDGEMENT OF THIS CASE FROM THE LOWER COURT IN 2011 . 2012 AND 2013 . WE HAVE APPLIED FOR THE CERTIFIED COPIES OF THE JUDGEMENT FROM THE LOWER COURT .         

                   SO THE BAST WAY FOR YOU IS TO GET A REVERSE MORTGAGE LOAN FROM THE BANK ON THE PROPERTY AND YOUR PARENTS NEED NOT BOTHER FOR ANYTHING TILL THEIR LIFE TIME . THERE IS NO NEED THAT ALL THE LEGAL HEIRS SHOULD SIGN THE LOAN DOCUMENT . THE ONLY THING IS THAT YOUR PARENTS SHOULD HAVE CLEAR TITLE TO MORTGAGE THE PROPERTY . LEGAL HEIRS AND ALL WILL COME ONLY AFTER THEIR LIFE TIME .THIS IS MY BEST ADVICE IN THIS MATTER AND YOUR PARENTS NEED NOT BEG TO THEIR ELDEST SON FOR ANY HELP . HE CANNOT STOP THIS MORTGAGE IF YOUR PARENTS HAVE CLEAR TITLE TO MORTGAGE THE PROPERTY . NOW AS A NEW YEAR GIFT MANY BANKS ARE GIVING LOANS WITHOUT ANY PROCESSING FEE. - JOSEPH WILFRED - 05/01/2014 AT 18.55 HRS . 

The author may follow the provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for redress..

Joseph Wilfred's views of disagreeing the opinion of some experts draws a surprise because his opinion itself is not agreeable and he needs to revisit the provisions of law and refresh himself before giving wrong suggestions/advices here. His opinion reproduced below is respectfully disagreed:

'AS FAR AS YOUR CASE IS CONCERNED , AT NO POINT OF TIME YOUR PARENTS CAN DISOWN THEIR SON AND LEAVE HIM WITHOUT GIVING HIM A SHARE OF THE PROPERTY . EVEN IF THEY DO YOUR BROTHER CAN FILE A CASE FOR HIS SHARE IN THE PROPERTY . AS LONG AS THEY ARE ALIVE , HE CANNOT DEMAND THAT , HE MUST GET HIS SHARE OF THE PROPERTY . IF THEY LEAVE A WILL ON YOUR NAME , THEN HE WILL APPROACH THE COURT FOR CANCELLATION OF THE WILL AS EVERYBODY SHOULD BE GIVEN A SHARE IN THE PROPERTY OF THEIR PARENTS OR THEIR GRAND PARENTS , BOTH DAUGHTERS AND THE SONS .'

The self acquired property of an individual can be disposed by him in the manner he desires to and it is indisputable by law, hence if wants to bequeath his entire property on anyone's favor, he can very well do so by executing a Will in that manner, the other heirs or anyone has no right to claim share in the property by challenging the will. Further if his father want to claim maintenance from his son who is well employed, the present day law provides him with the facility, hence he need not go around by mortgaging his property, leaving it to his heirs to settle the loan etc.

Dr.Vashist's opinion which reads thus 'Your father can disown and debar your brother, his wife/family from his assets.' is absolutely right. A sincere request that misguidance may be avoided because the people approach this portal seeking relief for their problems. The intention behind my above contention is not to hurt any one's feelings, kindly do not mistake me and I sincerely apologise if any feels hurt.

DEAR MR. BISWANATH ROY / MR. KALAISELVAN 

                                                                                    I TOTALLY AGREE WITH WHAT MR. BISWANATH ROY HAD SUGGESTED THAT THE PARENTS CAN CLAIM MAINTENANCE UNDER THE SENIOR CITIZENS ACT 2007 . ONLY ON THAT BASIS I HAD SUGGESTED TO MY FRIEND AS I HAVE DETAILED IN MY OPINION TO CLAIM MAINTENANCE FROM HIS ONLY SON EMPLOYED IN RESERVE BANK OF INDIA AND THAT TOO IN KANPUR . FOR TWO OR THREE HEARINGS HIS SON DID NOT APPEAR ON SOME PRETEXT OR THE OTHER . WHEN HE APPEARED HE AGREED TO GIVE ONLY RS. 1000 /- PER MONTH TO HIS FATHER AS HE COULD NOT AFFORD TO GIVE MORE THAN THAT . EVERYBODY IS AWARE THAT HOW MUCH THE SALARY OF AN OFFICER IN RESERVE BANK OF INDIA . BUT THE COURT DID NOT ENHANCE THE MONTHLY MAINTENANCE WHICH HE OFFERED . THE PROCEEDINGS WERE HELD ONLY LIKE A LOK ADALAT WHERE ONLY THE TWO PARTIES MEET BEFORE THE JUDGE . THIS WAS MORE THAN 5 YEARS BACK . IN THE CASE ON HAND THE ELDEST SON IS LIVING IN A FOREIGN COUNTRY . SO SERVING SUMMONS IS NOT THAT EASY . A HIGH PROFILE FAMILY CASE CAME BEFORE THE MADRAS HIGH COURT MORE THAN 4 YEARS BACK . I AM UNABLE TO DISCLOSE THE NAME OF THE JUDGE AND THE FATHER IN LAW OF THE LADY . HER HUSBAND HAD NOT TAKEN HER WITH HIM AFTER MARRIAGE TO THE UNITED STATES . ONLY THE HIGH PROFILE FATHER IN LAW APPEARED IN THE COURT . HER HUSBAND DID NOT APPEAR AT ALL . ATLAST THE JUDGE PASSED A FINAL DATE THAT HE MUST APPEAR BEFORE THE HIGH COURT ON A PARTICULAR DATE . HER HUSBAND APPEARED BEFORE THE COURT AND GAVE ASSURANCE THAT HE WOULD APPLY FOR A VISA TO HIS WIFE AND TAKE HER . BUT HE DID NOT DO THAT FOR MORE THAN 3 MONTHS . AGAIN THE JUDGE PASSED ORDER FOR HIS APPEARANCE ON A PARTICULAR DATE . HE APPROACHED THE SUPREME COURT AND GOT A STAY OF THE ORDER .

ONLY ON THESE BASIS AND CONSIDERING THE FACT THAT THEIR SON IS IN A FOREIGN COUNTRY AND WITH COMPLETE KNOWLEDGE OF THE SENIOR CITIZENS ACT I SUGGESTED THAT IDEA . I AM VERY WELL AWARE THAT IF THEIR SON DID NOT APPEAR EVEN A WARRANT CAN BE ISSUED . BUT PARENTS WILL NOT DO THAT . THIS I AM TELLING FROM MY PAST EXPERIENCE ONLY . IN THE PRESENT CASE THE PARENTS ARE NOT WILLING TO GO TO THE COURT AGAINST THEIR SON EVEN UNDER THIS ACT . MOST OF THE PARENTS ARE LIKE THAT ONLY . EVERYBODY KNOW THAT HOW THEY WOULD HAVE BROUGHT UP THEIR FIRST CHILD . BUT CHILDREN DON'T REPAY THAT . THAT WAS THE REASON WHY THE GOVERNMENT BROUGHT THE REVERSE MORTGAGE SCHEME IN THE BANK . WILL ANY BANK GIVE LOAN WITHOUT ANY REPAYMENT . ONLY IN THIS SCHEME THEY NEED NOT REPAY THE LOAN .

         REGARDING NOT GIVING A SHARE IN THE PROPERTY EVEN EARNED IN THEIR OWN INCOME IS NOT ALL APPLICABLE NOW A DAYS . EQUAL SHARE MUST BE GIVEN TO EVERY CHILD WHETHER BOY OR GIRL . IF THEY DON'T GIVE A SHARE IN THE PROPERTY TO THE ELDEST CHILD , HE WILL GO TO THE COURT TO CLAIM HIS SHARE OF THE PROPERTY . FOR THAT EVERY SON AND DAUGHTER WILL COME FOR EQUAL RIGHT .

ABOUT 5 YEARS BACK THE HONORABLE SUPREME COURT OF INDIA HAD DIRECTED THAT IN A DEED REGISTERED IN 1951 A MINOR DAUGHTER'S SHARE WAS SOLD BY HER MOTHER . THAT JUDGEMENT WAS IN 2011 . ASSUMING THAT THE MINOR DAUGHTER WAS 10 YEARS OLD IN 1951 , IN 2011 SHE MUST BE 70 YEARS OLD . THE HIGH COURT DID NOT ENTERTAIN HER PLEA . SHE APPROACHED THE SUPREME COURT STATING THAT HER MOTHER HAD SOLD HER SHARE WITHOUT HER KNOWLEDGE . THE HONORABLE SUPREME COURT ALLOWED HER PETITION AND DIRECTED THAT HER SHARE IN THE PROPERTY SHOULD BE GIVEN TO HER .

CONSIDERING ALL THESE ONLY , I GAVE THAT SUGGESTION . I DID NOT GIVE THE SUGGESTION WITHOUT KNOWING THESE LAWS . I HAVE ALREADY SUGGESTED TO MY ELDERLY FRIEND WHO WAS 65 YEARS OLD BY THAT TIME TO APPROACH THE COURT ONLY UNDER THIS LAW . I AM AWARE OF THE RESULT . I DID NOT GIVE ANY WRONG OPINION WITHOUT KNOWING THE CORRECT LAWS . SINCE I KNOW WHAT THEY GOT UNDER THE VERY SAME LAW , I SUGGESTED THE ALTERNATIVE BECAUSE THEIR ELDEST SON WANTS HIS SHARE IN THE PROPERTY WHEN THEY ARE ALIVE AND WITHOUT DOING ANY HELP . TO STOP SHARING THE PROPERTY ONLY , I GAVE THAT SUGGESTION .I HOPE MY FRIENDS WILL AGREE WITH ME . IF NOT PLEASE LET ME KNOW IF THERE ARE ARE ANY SPECIAL CASES IN WHICH THE PARENTS GOT HUGE MAINTENANCE FROM THEIR SON WORKING ABROAD . ELDERLY PARENTS CANNOT FIGHT CASES SPENDING A LOT OF MONEY . I CAN QUOTE ANOTHER CASE ALSO REGARDING SHARE IN THE PROPERTY  - JOSEPH WILFRED - 06/01/2014 AT 01.10 HRS.      

I disagree with the advice given by Mr. Joseph Wilfred for the following reasons, namely,-

1.  This Forum is to give legal advice to the queryst.but not otherwise.

2.  When a particular law is in existence in our country to give relief to the un cared Parents and Senior Citizens why we shall not advice to follow it?

3.  If old father file a case against his eldest son complaining that son is not caring and not paying any maintenance to him it will be an admissible proof in future as a cause for disowning and debarring the eldest son from  right to property whereas if the property goes under mortgage to Bank for loan it will accrue a considerable sum as interest over the loan amount which shall have to be paid by two sons to release the property.  In that case the youngest son who is looking after his old father all along and till date shall have to bear the burden of 50% interest which will be a punishment to him without any cogent reason and fault. 

4.  I THINK BEFORE GIVING ANY LEGAL ADVICE TO ANYBODY WE SHALL HAVE TO CONSIDER ITS FAR REACHING CONSEQUENCES.

DEAR MR. BISWANATH ROY

                                                  I DO AGREE WITH YOU THAT THIS IS A LEGAL FORUM . I MAY BE THE FIRST PERSON TO GIVE ADVICE TO MY ELDERLY FRIEND WHO IS NOW SOME WHERE IN TAMIL NADU TO USE THIS ACT TO GET MAINTENANCE FROM HIS SON WORKING IN RESERVE BANK OF INDIA . AT THAT TIME EVEN A BOOK ON THIS ACT WAS NOT PUBLISHED . I ASKED HIM TO APPROACH A BROWSING CENTER TO GET DETAILS ABOUT THIS ACT . HE WAS SPEAKING TO ME SOME WHERE FROM THE CITY WHICH IS MORE THAN 25 KILOMETERS FROM MY PLACE . WHEN HE APPROACHED THE BROWSING CENTER PERSON AND ASKED HIM TO GET THIS ACT , HE PUT ONLY THE ACT BUT FAILED TO MENTION INDIAN ACT . HE GOT THE SAME ACT . I ASKED HIM TO READ IT . WHEN HE READ IT , THAT ACT WAS FOR JAPAN . THEN I ASKED HIM TO GIVE THE MOBILE TO THE OTHER PERSON AND TOLD HIM TO PUT WHAT IN THE BROWSER TO GET THAT ACT . WHEN HE FED THE CORRECT DETAILS , HE GOT THE CORRECT ACT . I ASKED HIM TO READ A FEW LINES FROM THAT AND CONFIRMED HIM THAT IS THIS THE ACT THAT I HAVE MENTIONED YOU . ONLY ON THAT BASIS HE APPROACHED THE COURT AND GOT A MAINTENANCE OF RS. 1000/- PER MONTH FROM HIS SON AND THAT TOO AFTER TWO THREE ADJOURNMENTS .

               NOW I AM ANSWERING YOUR QUESTION THAT THIS FORUM IS ONLY FOR GIVING LEGAL ADVICE AND WHEN THERE IS A PARTICULAR ACT , WHY I SHOULD GIVE SOME OTHER ADVICE . DID I ADVICE THEM TO GO AND PLEDGE THERE PROPERTY DOCUMENTS TO A PRIVATE MONEY LENDER ? THE ADVICE I GAVE WAS ALSO BASED ON LAW ONLY - TRANSFER OF PROPERTY ACT / INDIAN CONTRACT ACT . IN ADDITION BANKING LAW . BANKS FOLLOW ONLY THE INDIAN LAWS . THIS REVERSE MORTGAGE WAS INTRODUCED BY THE GOVERNMENT OF INDIA WHEN THE PARENTS WERE DEPRIVED OF ANY ASSISTANCE FROM THEIR SONS AND DAUGHTERS AND THE 2007 ACT DID NOT GIVE THE FULL REMEDY . REVERSE MORTGAGE IS BASED ON TRANSFER OF PROPERTY ACT / INDIAN CONTRACT ACT / BANKING LAW AND PRACTICE . AT WHAT RATE BANKS ARE GIVING THIS LOAN . THE LOANS ARE GIVEN AT 0.75 PAISE PER RUPEES 100 PER YEAR . THIS LOAN IS GIVEN BELOW THE LENDING RATES FIXED BY THE BANKS EVERY QUARTER .  THIS COMES UNDER PRIORITY SECTOR LENDING WHICH SHOULD BE 40% OF THE LOANS GRANTED BY THE BANK .

         MY SUGGESTION WAS ALSO ON THE BASIS OF LAW ONLY . IF YOU STILL DON'T AGREE , THEN PLEASE PROVIDE ME A SUPREME COURT JUDGEMENT ON THE 2007 ACT UNDER WHICH ANY PARENT HAD GOT A GOOD MONTHLY MAINTENANCE FROM THEIR SONS WORKING IN FOREIGN COUNTRIES . TRULY THIS WOULD BE OF GREAT HELP TO ME TO GUIDE ELDERLY PARENTS WHO DON'T HAVE ANY PROPERTY IN THEIR NAME  TO AVAIL A LOAN FROM THE BANK . ALSO KINDLY PROVIDE ME A SUPREME COURT JUDGEMENT  THAT PARENTS CAN DISOWN THEIR SONS OR DAUGHTERS AND ON WHAT GROUNDS . YOU NEED NOT PROVIDE THE ENTIRE JUDGEMENT . YOU PLEASE PROVIDE ME THE DATE AND YEAR OF THE JUDGEMENT , THE NAMES OF THE JUDGES AND IF THAT IS NOT A SUPREME COURT JUDGEMENT THEN I NEED WHICH HIGH COURT GAVE THAT JUDGEMENT . I WILL TAKE PRINTOUT OF THAT JUDGEMENT FROM THE SITE CONCERNED . - JOSEPH WILFRED - 08/01/2014 AT 19.38 HRS.    

DEAR MR. BISWANATH ROY

                                                    I NEED ONE MORE ADVICE FROM YOU BUT THAT IS NOT RELATED TO LAW . IF I HAVE YOUR MAIL I.D. THEN I WILL SEND IT TO YOUR MAIL I.D . ONLY . YOU HAVE PUT A BEAUTIFUL PHOTO OF A EAGLE ABOVE YOUR NAME . I AM HAVING A WEBSITE . I WANTED TO INSERT TWO PHOTOS ON THE LEFT SIDE AND THE RIGHT SIDE OF THE STARTER PAGE . I HAVE ALREADY DOWN LOADED THOSE PHOTOS FROM THE 1956 ENGLISH MOVIE .MINE IS A CHRISTIAN WEBSITE . WHATEVER CHANGES I MAKE TO THAT PHOTOS THEY ARE ONLY "JPEG" IMAGES . I CANNOT INSERT A "JPEG" IN THE STARTER PAGE . I WANT IT TO CONVERT IT INTO A PHOTO LIKE YOURS AND THEN INSERT THAT IN THE STARTER PAGE . I HAVE CONSULTED MANY COMPUTER SPECIALISTS IN THIS REGARD .BUT NOBODY IS IN A POSITION TO GIVE THE CORRECT OPINION . KINDLY ADVICE ME HOW TO CONVERT THAT " JEPEG " IMAGE INTO A PHOTO LIKE YOURS . WHAT FORMAT I MUST USE TO CONVERT IT WITH THE HELP OF SPECIALISTS . I WILL BE VERY THANKFUL TO YOU FOR THIS ADVICE . YOU CAN WRITE TO MY MAIL I.D . -josephwilfred1a0b7c9d0e0f2gags@gmail.com --- JOSEPH WILFRED - 08/01/2014 AT 20.02 HRS.