Charles Bowles (Not employed) 30 May 2021

Senior citizens act and "protection of life and property"

Dear Legal Experts:

Is the protection of property of senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 only limited to transferred moveable or immovable property by way of gift or otherwise?

"Chapter II" seems to be about Maintenance of "a senior citizen" including parent "who is unable to maintain himself" from his own earning or property owned by him ...

Is "Chapter V: Protection of Life and Property of Senior Citizen" only available to a senior citizen "who is unable to maintain himself" from his own earning or property owned by him"?

Can a senior citizen who has *not* made an application under section 5 for Maintenance, avail of the remedies under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ["Chapter V: Protection of Life and Property of Senior Citizen"]

To clarify, my father is 80 years old. He owns an agricultural land in his village. Somebody has trespassed and stolen the fruits from my father's agricultural land. Due to the lock-down, he has filed a email complaint with the jurisdictional police. The police will be required to take action under Criminal law.

Can my senior citizen father seek remedy for "Protection of Life and Property of Senior Citizen" under "the Maintenance and Welfare of Parents and Senior Citizens Act, 2007"?

Relief under the Senior Citizens Act might be more suitable and quick.

Thank you.

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 May 2021

see the complaint status in www1.nyc.gov.in.

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Sankaranarayanan (Advocate) 31 May 2021

yes he can complaint against the stranger and you can use the online portal link provided by learned friend Mrs.Ramachary

G.L.N. Prasad (Retired employee.) 31 May 2021

Realize the seriousness and do not take any such grabbing issue lightly, as the landgrabber might have been more powerful and occupied the land knowing his powers and after managing the authorities. Your complaint to Police must be supported by EC, a proper copy of the title deed and confirmation from his neighbor etc. Police always avoid interference by stating it as a civil dispute and do not depend on Police. Now you are having only one enemy, by bringing pressures you may be making more enemies. The property grabbed is your family property, the victim is your father, and it is the children's responsibility to fight it out showing your power and the power of the law against such landgrabbers and sharks that manipulate the helplessness of citizens. Enlist the support of your friends and relatives and teach the shark a lesson, so that others fear to look to your family properties. Never read something, understand something, interpret something as this will not lead to your remedy. Use professional services with direct interference. If you are not in a position to defend your property, dispose it off and keep that as a deposit in your father's name rather than exposing him to these kinds of tortures at his age.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 31 May 2021

The answer to your query is "NO".

P. Venu (Advocate) 01 June 2021

Yes, the Senior Citizens Act is of no application in the instant case.

Of course, stealing of fruits or other usufructs amounts to theft. But it could as well be a small issue unless the fruits or usufructs is of substantial/marketable quantity.