Equal partner in expenses on parents
2 years ago
Dear Team,
Daughter claimed on parents' property and took equal share (50%). Now parents stay with the son. As per the law is daughter liable to bare the 50% of parents expenses?
Many thanks
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.le ke bhaag gayi
How daughter can claim on parents property ? she can claim ancestor property only.
ask parents to file maintenance case.
How daughter can claim on parents property ? she can claim ancestor property only.
ask parents to file maintenance case.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.Yes but it is only parents under senior citizens Act who can claim maintenance.
Helpful
Helpful
Share
A.Hi,
With the amendment in maintenance law, now both son and daughters are equally liable to pay for the maintenance of the parents. You need to file a maintenance suit under Sec. 125 CrPC. You can make the daughter liable to pay for the maintenance of parents. Her share would be decided by the court.
If you like my answer, please rate me.
With the amendment in maintenance law, now both son and daughters are equally liable to pay for the maintenance of the parents. You need to file a maintenance suit under Sec. 125 CrPC. You can make the daughter liable to pay for the maintenance of parents. Her share would be decided by the court.
If you like my answer, please rate me.
Helpful
Helpful
Share
A.It is ethical but you cannot force her but if you really finding overburdened then it is better to discuss with your sister and if it doesn't work out then send a legal notice
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
As per changes in the Maintenance law both son and daughter has to pay maintenance for their parents. Your parents can file for Maintenance under section 125 of CRPC act.
If you find my answer useful, please rate my answer. Thank you
As per changes in the Maintenance law both son and daughter has to pay maintenance for their parents. Your parents can file for Maintenance under section 125 of CRPC act.
If you find my answer useful, please rate my answer. Thank you
Helpful
Helpful
Share
A.There is no direct law which talks about expenses of parents to be shared by children but there are laws which says that children are supposed to take care of the parents.
As far as principle of natural justice is concerned if daughters can claim their rights in property then they must take care of the parents too and hence in my opinion she should take part in the expenses.
I would suggest that you initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution and try to get it resolved.
As far as principle of natural justice is concerned if daughters can claim their rights in property then they must take care of the parents too and hence in my opinion she should take part in the expenses.
I would suggest that you initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution and try to get it resolved.
Helpful
Helpful
Share
Read Related Answers
My parents trying to control my life they want to control me like papate.
Dear Sir/Madam
If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
Money fraud done by brother
Dear Client,
In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
Inquiry Regarding Maintainability of GWOP Case
Dear Madam
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
Domestic violence by step son with abusive language
Dear madam
You may immediately lodge complaint with higher police officers and also file domestic violence case.
Emotional abuse
Dear Client,
You have the right to file a complaint against your brother-in-law who subjected you to mental and emotional abuse that amounted to domestic violence in the local police station under Sec...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
