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(Guest)

Parents maintenance and deserted house

 

Sir/Madam,

 

I have a situation. My house in India which my parents were staying is currently deserted (from past 1 year). Now I want either my parent to be back to my house or if they are not interested, I like take back my house.

 

There are 2 parts to this (a) taking back my house (b) Will my parents try for CRPC 125 (maintenance). How to handle both these issues?

 

1.  I am one of the two children to my parents.

 

2.  I am the eldest son and staying in US from past 11 years.

 

3. My younger brother is in India.

 

4. Both of us are financially doing OK (not bad, able to run our families without issues).

 

5. In past 17 years ( 6 years while in India btw 1995-2000. 11 years from 2000 till date), I have spent close to 40 lakhs in following ways on them ( I have everything documented) -

 

              (a) Depositing money to my parents account - around 20 lakhs,

 

             (b) Taking care food and other utilities, 

 

             (c) Providing my house to them for stay,

 

             (d) 4 trips to US, 1 trip to Singapore.

 

6. If I had to rent my house in India now, it would fetch around Rs 17,000.00 /- per month.

 

7.  Still I continue paying all the utilities and property tax of my house without a miss. These utilities + property tax can be averaged to Rs 1500.00 /- to Rs. 2000.00/- per month.

 

8. Both of my parents are very conniving. They are seasoned con-artists.

 

9. In my last trip to India - March 2010, they performed a ploy , created a family fight.  2-3 months later, while I came back to US, they have gone to Human rights claiming I pushed my mommy down in that fight which was big surprise for us. Looks like they have filed fake Human rights complaint.

 

10. Looks like they have also created some fake doctor certificate claiming she was physically hurt.

 

 11. The basic intend of this fake human rights report is to trouble me with a law suit if I make another visit to India.

 

12. In December 2010, When once I found out that they are doing all these crook things against me, I just stopped my monetary contribution, but still my contributions to them is house stay - which could fetch rent of Rs 17,000.00 /- per month  + Utilities Rs 1,500.00/- minimum per month = total Rs 19,500.00/- per month.

 

13. One month later, in January 2011, I am getting an email from my dad saying he is penniless, he is nothing more than a beggar. Highly impossible,  my contribution to them in these 17 years  is substantial. I know they were putting most of that money on gold. If my calculations are correct, they should have saved amount much more than Rs 40 Lakhs. Other than that , they had another house of their own which they were initially renting, but later in 2004 sold it for good amount - 20+ lakhs.

 

 14. I didn't bother, I have gone through too much of suffering from these people all these years. Enough is enough.

 

15. In March 2011, for no reason, they move out of my house. Just sent me an email with one-liner saying they vacated the house.

 

16. They didn't give me the house keys (original).

 

17. I only have the duplicate key that I made while I initially came to US (11 years back).

 

18. If I try to call them by phone, they don't respond.

 

19. If I email them on original house keys, they don't respond.

 

20. My younger brother is part of this ploy.

 

21. My other relatives are afraid to help me due to these people's weird/arrogant behavior.

 

22. My Parents are unsatiable.  They don't have that satisfaction organ. As per my dad, my contributions to them all these years is peanuts for them.

 

23. From past 3-4years, they were pressurizing me to give them a lump sum of Rs. 10 - 15 lakhs. Where can I go :-)  I have my wife and 4 small kids to take care.

 

24, My brother was a freelancer and later, now he owns an Institute. I am pretty much sure that he would have reported very less earnings while filing IT. And my parents may show that my money was used to take care of my brother's family.

 

25. House is only in MY name.

 

Please advise me on what I should do? I am afraid to go to India. They will come with all sorts of fake allegations over me.

 

My house has been reduced to a very shabby state. My neighbors and relatives there in India are complaining about it to me.

 

If I use my duplicate key to open and clean my house through my in-laws, these people may book my in-laws for tress passing.

 

I really don't want to beg these people anymore to come back to my house. They will again create similar scenes.

 

Well, If they provide a legal statement saying they have no more means to live, then I will allow them, but they should maintain my house clean.

 

I am thinking of using a Lawyer to send notice to them to legally handover the house. At the same time I want to teach these people a lesson.

 

Also, these people may take me to court saying I failed to take care of them. My dad is 67 years old. I am afraid to touch the house since he wants me to do that so that I can be troubled with CRPC 125 (maintenance).

 

How to handle this situation?



Learning

 14 Replies

**Victim** (job)     22 December 2011

This is first time i have come across where son itself is having problems from his parents anyway to my knowledge your parents are entitled for maintenance but you have given enough and you have enough proof to prove that you are always taking care of your parents.Not only that your younger brother is also earning so that he is also liable to maintain your parents you are not the only won who has to suffer. If such problems proceeds into legal litigation i think you have good chances to win this case.


(Guest)

Sell it off !!!

ajay sethi (lawyer)     22 December 2011

you have been maintaining your parents all these years . you have stated that your father is peniless . your parents have vacated the house . come to india take them into confidence and inform them that since they are not staying in said flat you are going to give said flat on rent .

 

the rent proceeds of rs 17,000 give it to your parents . be clear that rent received shall be paid to them only . as it is if they move court for mintenance you would be bound to maintain them . prove your bonfadies . if they dont reciprocate your feelings never mind . you should do your duty as you have been doing all these years

Tajobsindia (Senior Partner )     22 December 2011

 @ Author 


You are today settled well. You contributed in welfare of parents in past. You gave them shelter in your name dwelling in past. Now the duplicate key of place is with you.


Yet, today you are afraid of a baby civil law !


S. 125 CrPC if ever applied by your parents upon you then what harm will it do to you under narrated briefs; you already said you want them to live in your house - right or wrong ? and in past you have been remitting money to them – right or wrong ? and even under S. 125 CrPC if court fixes some maint. upon you then it is going to be equal to what you were paying at point of time so what situation will change - nothing !


If you are so afraid of S. 125 CrPC then the day it is filed appoint local advocate on POA and let the Orders pass ex-parte – you may prefer not to touch base as even you say so in your brief. Ex-parte Order is no crime and it becomes crime if you intentionally donot follow Courts direction thereof. I suggest you follow later those ex-parte Orders, off course Court will not Order you to sell the property nor court will ask you to transfer
Fort Knox every month for your parents ! So what is this enquiry about after all I fail to see the hidden meaning!!!!.


I donot see any grave (life and limb – lliberty - freedom – passport impounding etc.) apprehension in this enquiry for a simple reason you yourself want them to live in that house and if they donot then you already have duplicate key for which appoint a NRI Realtor broker (there are no. of good once even some of the big US names are now having offices in India) to let the place out on rent as today's date there is no injunction / restraining Order against you and it is your sweet property. Let parents scheme as made to self believe in your enquiry.


Rest younger brother’s / neighbours / property shedding plaster etc. stuff in the brief are all masala not worthwhile for Court to apply any application of mind into.


The only issue inference in your enquiry is that a NRI feeling not to visit
India to settle emerging issues in fear of S. 125 CrPC when there was no default towards maint. of Senior Citizens (parents) all these times till they vacated the very place and probably nothing else.


BTW you are lucky not to know of recent enactment of  Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 whose 9 pages true copy link I am producing for your legal knowledge - if they also file under this interesting Act then what will you do - now start thinking of doing express reverse engineering before situation becomes out of control afterall they are once senior citizen parents. 


Read at leisure link

https://dpal.kar.nic.in/.%5CAct56of2007%20PR-26.pdf 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Go with the considered opinion of Tajobs.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Thanks Everybody, special thanks to Mr Tajobs.

Mr. Tajobs,

Yes, my parents are trying to slap with this Maintenance and Welfare of Parents and Senior Citizens Act, 2007 . Till today, they are NOT able to succeed since I am providing them house + utllities (Rs 18,500.00). This is the very reason they want to create a ploy by moving out of the house.


(Guest)

Quick question,

I will NOT be voluntarily opening my house. This is a serious ploy from my parents. Say, if my parents arrange  a person of their own to open my house and claim I did it, how to handle this case?


(Guest)

Can anybody answer my question?

Or, I am thinking of contacting one of the tribunals that are formed for Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and directly tell tribunal or one of its member (through email or notarized document) that, me as a son want to take care of my parents by providing them house + utilities , which will sum to (Rs 18,500.00) contribution per month, but my parents are desserting the house, while they claim there are pennyless. Do any of you think this is a good idea?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

I think it is not a good idea, some idiosyncrasies are allowed to parents.

 

Maintain them.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Mr. Shonee Kapoor,

I always wanted to take care of my parents and will continue to take care of them. There is NO second thought about it. I know that I have done a lot,  and will continue to take care of them till their last breath. I don't need any CrPC or Act 56 to make me take care of them. Well, I was financially helping my Grandma too ( My mom's mom).

 

How to ensure that these people return back to my house? By advertising in major newspapers? by saying "The following house in this location is for sheltering my aged parents. It is NOT for rent or sale". This house is deserted for close to an year.

 

Some how I want to deter their motivation. These people have developed hatred over me ( not sure why ). They want to give me a black mark by putting some criminal case over me. They know that I am currently going through Green card process.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

Dear Friend,

 

I have not alleged anything against you, just gave a brotherly advise.

 

Go, sit and talk things out. Its your family buddy. Bow down low.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

 

Ok, did bit of investigation/sleuthing. Also tried to communicate with my parents. Most of the time they were either disconnecting the phone or weren't picking up. And whenever they speak they say unreasonable/unscrupulous things. Things are taking weird turns. But I am able to smell what they are exactly up to! Please read carefully.

 

1. My dad and mom says that they have contributed 3 lakhs towards my house that I purchased in India (in 1997). This is utter bogus.  This entire house was purchased with my earnings alone.

 

2.  My Dad left his job in 1995 November (took Voluntary Retirement at the age of 53).

 

3. And he used VR amount towards the loss my mom accumulated while running chit-fund. To be honest, this is what happened. But I don't have any documentation to prove on this (at least, it will be super difficult to collect any evidence on this as it is 17 years old story).

 

4. My dad didn't take up any other job later, and my mom is a home-maker.

 

5. My first job was in 1995 February and I was the sole earner till I came to US.

 

6. I was always a salaried person, hence I have paid Income tax every year properly while in India from 1995 to 2000.

 

7. Since I am a software developer from the very first day, my income was pretty good.

 

8. My mom and dad are super strict people. I used to give my monthly salary to them and take the day-to-day expenditure from my mom. Well, even my dad was doing this throughout his life, hence this became a protocol at home.

 

9. Since my mom was managing financial aspects, when I purchased the site, the first bank cheque giving towards the site was my Dad's bank account. And the bank cheque details are in sales deed. But that money is my earning. I have IT returns proof (SARAL forms).

 

10.  Well, even after me coming here to US. I was depositing money into his bank account, and he used to pay my house mortgage through his bank account.

 

11. Both of my parents are claiming that they spent their entire VR towards my site purchase.

 

12. They claim that my wife is evil and she is poisoning me.

 

Now I know what they are exactly up to.

 

https://www.lawyersclubindia.com/forum/Elderly-couple-moves-HC-for-maintenance-from-son-29222.asp

 

Please go through the above link, and read my story in the beginning. You can see the correlation between both of them.

 

I know the reason why they purposefully moved out of the house.

 

If I touch the house, these people will claim that me and my wife kicked both of these people out of the house. This is the very reason, they don't want have any sort of communication with me.

 

What should I do now?

 

As I already mentioned, in past 17 years ( 6 years while in India btw 1995-2000. 11 years from 2000 till date), I have spent close to 40 lakhs in following ways on them ( I have everything documented) -

 

(a) Depositing money to my parents account - around 20 lakhs (this amount doesn't include the mortgage amount towards my house which is another 7 lakhs),

 

(b) Taking care of food and other utilities,

 

(c) Providing my house to them for stay,

 

(d) 4 trips to US, 1 trip to Singapore.

 

6. If I had to rent my house in India now, it would fetch around Rs 17,000.00 /- per month.

 

7. Still I continue paying all the utilities and property tax of my house without a miss. These utilities + property tax can be averaged to Rs 1500.00 /- to Rs. 2000.00/- per month.

 

How to tell, "Hey, I know what you are up to, things won't work as you expect". I don't want to directly tell him. Because, he is a heart patient ( had 3 heart attacks) and he is counting a lot in this ploy ( I don't want to open this bad news to him directly).

In a nutshell, how to bring an end to this game?


(Guest)

Corrected typo

Originally posted by :Oscar

"
 

Ok, did bit of investigation/sleuthing. Also tried to communicate with my parents. Most of the time they were either disconnecting the phone or weren't picking up. And whenever they speak they say unreasonable/unscrupulous things. Things are taking weird turns. But I am able to smell what they are exactly up to! Please read carefully.

 

1. My dad and mom says that they have contributed 3 lakhs towards my house that I purchased in India (in 1997). This is utter bogus.  This entire house was purchased with my earnings alone.

 

2.  My Dad left his job in 1995 November (took Voluntary Retirement at the age of 53).

 

3. And he used VR amount towards the loss my mom accumulated while running chit-fund. To be honest, this is what happened. But I don't have any documentation to prove on this (at least, it will be super difficult to collect any evidence on this as it is 17 years old story).

 

4. My dad didn't take up any other job later, and my mom is a home-maker.

 

5. My first job was in 1995 February and I was the sole earner till I came to US.

 

6. I was always a salaried person. I have paid Income tax every year properly while in India from 1995 to 2000.

 

7. Since I am a software developer from the very first day, my income was pretty good.

 

8. My mom and dad are super strict people. I used to give my monthly salary to them and take the day-to-day expenditure from my mom. Well, even my dad was doing this throughout his life, hence this became a protocol at home.

 

9. Since my mom was managing financial aspects, when I purchased the site, the first bank cheque given towards the site was from my Dad's bank account. And the bank cheque details are in sales deed. But that money is my earning. I have IT returns proof (SARAL forms).

 

10.  Well, even after me coming here to US. I was depositing money into his bank account, and he used to pay my house mortgage through his bank account.

 

11. Both of my parents are claiming that they spent their entire VR towards my site purchase.

 

12. They claim that my wife is evil and she is poisoning me.

 

Now I know what they are exactly up to.

 

https://www.lawyersclubindia.com/forum/Elderly-couple-moves-HC-for-maintenance-from-son-29222.asp

 

Please go through the above link, and read my story in the beginning. You can see the correlation between both of them.

 

I know the reason why they purposefully moved out of the house.

 

If I touch the house, these people will claim that me and my wife kicked both of these people out of the house. This is the very reason, they don't want have any sort of communication with me.

 

What should I do now?

 

As I already mentioned, in past 17 years ( 6 years while in India btw 1995-2000. 11 years from 2000 till date), I have spent close to 40 lakhs in following ways on them ( I have everything documented) -

 

(a) Depositing money to my parents account - around 20 lakhs (this amount doesn't include the mortgage amount towards my house which is another 7 lakhs),

 

(b) Taking care of food and other utilities,

 

(c) Providing my house to them for stay,

 

(d) 4 trips to US, 1 trip to Singapore.

 

6. If I had to rent my house in India now, it would fetch around Rs 17,000.00 /- per month.

 

7. Still I continue paying all the utilities and property tax of my house without a miss. These utilities + property tax can be averaged to Rs 1500.00 /- to Rs. 2000.00/- per month.

 

How to tell, "Hey, I know what you are up to, things won't work as you expect". I don't want to directly tell him. Because, he is a heart patient ( had 3 heart attacks) and he is counting a lot in this ploy ( I don't want to open this bad news to him directly).

In a nutshell, how to bring an end to this game?
"

(Guest)

Ok, it's been 2 years, my parents are NOT communicating to me. Also, they don't respond while I email or phone call them. When I request them (through my relatives) to go back or at least make some visits to my deserted house, they are NOT responding. They are still residing in my brothers house.

They have very clear intentions -

(a) Purposely desert the house so that it will eventually be in shabby state (already deserted for last 3 years).

(b) If I try to sell or rent the house, they will put CRPC 125 and ACT65 of 2007 over me.

(C) If I open the house for cleaning, can they do any harm to me ( like putting a criminal case?)?

My wife is planning to make a visit to India. We already know that my parent did make some false report against us to Human rights. Not sure whether there are any pending DV against me or my wife.

What should be the list of precautionary measures we need to take before my wife makes a trip to India from US. Note that my wife is NOT even planning to make visit to my house or these people ( not interested in taking any risk)

Our last visit to India was 4 years back.

1. We will follow up with Human Rights center to see whether there are any bogus case filed against us.

2. Should we have to check for Look-out notice ? If so how and where?

3. Should we have to check for any DV case against us? If so how and where?

4. Anything else?

5. Does my wife need any AB?

We don't want to jeopardize our current GC with those bogus cases.


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