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FalguniVashi (PT)     14 March 2022

Son harassing mom

Hi,

My mother lives in India. She lives in the house that she and my dad built. My dad has since passed. Since there was no will when he passed, the house was inherited by me, mother and 2 brothers. I bought one brother out and legally separated him from the property per his wish. Now, the other brother and his family live in the house with my mom. To clarify, I own 50% of the house, my mom owns 25% and the brother that lives with her owns 25% of the house. My brother and his wife that live with my mother have been verbally and abusing my mother. My mother pays for all the household expenses, and despite both of them working they do not contribute anything to the household expenses. My question is, is there anything that can be done legally to help my mother. Can me and my mother evict him, based on the fact that we own 75% of the home ? Can we give him a legal notice to get him to pay the expenses in the house ? We are in desperate need for help. If someone can guide us, we would really appreciate the help. Thank You.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 March 2022

Tell your brother about the law for welfare of parents. “The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, seeks to expand the scope of the Act by modifying the definitions of 'children', 'parents', 'maintenance', 'welfare' and 'senior citizens', to enable parents and senior citizens to lead a life of dignity," reads the text of the bill.

Palak batra   14 March 2022

Dear Querist,

 

Maintenance of Parents Act (2007) - This law was amended twice, first in 2013 and then in 2018. The original Act directed that the sons have a legal obligation towards taking care of their parents. After an amendment in 2013, the parents could complain against them and the sons could be held legally for not supporting their parents. In the amendment of 2018, daughters and sons-in-law were also held responsible for supporting their parents.

 

The bill makes it a legal obligation for children and legal guardians to provide maintenance to older adults. The children or heirs could be punished for not providing maintenance to older adults. The punishment could be paying a fine of Rs.5000 or three months in prison or both.

 

The new bill i.e. Parents and Senior Citizens Amendment) Bill 2019 which aims to provide for the maintenance and welfare of parents and senior citizens for ensuring their basic needs, safety and security, establishment, management, and regulation of institutions and services, and rights guaranteed under the Constitution. It also talks about removing the ceiling of Rs10000, and also includes the appointment of nodal police officers for senior citizens at every police station and district-level special police unit with a helpline for senior citizens. 

 

This may be helpful.

 

Regards,

Palak 

FalguniVashi (PT)     15 March 2022

Thank you for your help both of you.

Under this "Parents and Senior Citizens Amendment) Bill 2019", can we put in a complaint against him ? Does this need to be done by a lawyer or police ? And the fact that mom pays for everything in the house, help her case ?

Please let me know can anything be done legallly to get him out of the house because he only owns 1/4th of the house ?

Falguni

 


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