Inheritance in case of invalid elderly in family
3 years ago
We are 3 hindu brothers and sisters and our mother presently is 90 and suffers from Alzheimer. Our father has left behind a house and some MFs.
1. Can we 3 (brothers and sister) through an agreement divide the MFs in 4 parts as individuals share under Succession Act.? Will it contravene the Contract Act 1872?
2. What is the remedy in case one of the brothers who holds these MFs does not agree?
3. What is the remedy for my mother in case all the children are not taking responsibility of her care.?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hello,
Yes you may divide the property in equal parts as, all the co-parceners have equal rights. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeks to make a legal obligation for children and legal heirs to provide maintenance to senior citizens.
Yes you may divide the property in equal parts as, all the co-parceners have equal rights. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeks to make a legal obligation for children and legal heirs to provide maintenance to senior citizens.
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A.Hi,
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 act authorizes State governments to set up maintenance tribunals and appellate tribunals to decide the matters related to maintenance of the elderly. The act gives a right to the senior citizens and parents to apply to a maintenance tribunal seeking a monthly allowance from their children or legal heirs. Also, you all may share the property equally among yourself as the co-parceners have equal share in the property
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 act authorizes State governments to set up maintenance tribunals and appellate tribunals to decide the matters related to maintenance of the elderly. The act gives a right to the senior citizens and parents to apply to a maintenance tribunal seeking a monthly allowance from their children or legal heirs. Also, you all may share the property equally among yourself as the co-parceners have equal share in the property
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.all have equal rights only so 4 share are proper.
your mother have remedy of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
your mother have remedy of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
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