How to protect from parents threatening to act as per Maintenance and Welfare of Parents and Senior Citizens Act, 2007
2 years ago
We are 4 numbers in family (father, mother, elder sister (married), son( my self married))
My father have 1 building, where they getting rents 14k. 1 acr agriculture land, gold, and small business with 2-5k earnings.
Before 6 months father use to get pension, now his not.
My parents borrowed 8 lakh, I also borrowed personal loan 7 lakh, so we both together constructed a house.
Now they asking me to pay that 8 lakh, which they borrowed or asking 20k maintenance, otherwise they want to compliment to RDO officer using act 2007 andhra pradesh.
But I never said I won't take care of them, I have been saying, will take of them, I leave in Bangalore, asking them to come here, but they likes my sister, so they don't want stay with me, only they asking 8lakh money, otherwise they will go to RDO office.
And assets also they want to transfer to my sister or trying to sell.
I am saying, if have to pay, asking them write house testament on my name, so that after them, will get the asset, they are not ok for that as well.
In this case what RDO officer can do? What is the possible action? how to protect my self.
You can ask your parents to make a will in your name to ensure that all the property is legally transferred to you or make a gift out of their own free will and wish.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can enter into an agreement with the others, agreeing that you will pay the 8 lakh Rs. loan amount only on the condition that all of them sign a release deed making you the sole owner of the entire property. However, if your father took the loan, then he has to repay the loan, it is his liablity not yours. The RDO cannot compel you to pay the 8 Lakh Rs. loan amount. But, you have to take care of your parents and provide maintenance to them. You can be compelled for providing maintenance amount.
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Sanjay Kumar Jha
Responded 2 years ago
As you states that you are 4 numbers in family (father, mother, elder sister (married), son( my self married))
Your father has 1 building, where they getting rents 14k. 1 acr agriculture land, gold, and small business with 2-5k earnings. That means your father has Total earning about 19k-/pm.
Now your father not receiving pension from last 6 months.
Further, your parents borrowed 8 lakh, and you too borrowed personal loan 7 lakh, so we both together constructed a house. Hence you are also liable to pay the loan amount from bank. You are the person to support your parents, no matter ur parents likes sister . That is separate issue which can be shorted out sitting together. But , as he has limited earning, so , maximum amount of loan payment should be paid by you and you must keep all records of such. . One hitch with you would be that there may be possibility to make transfer a part of your property to your sister for that you talk with your parents to make a will. So that your parents intension shall be very much clear what actually he wants. I think, what he is earning would be good amount for them for monthly expenses. Going court they would not get much more amount for their expenses monthly maintenance.
Further , if in case he insists to sell then then you may take stay for bring joint property and if you have kids then you expense would be more.
Also as you said that you did not ever denied to take care of them. Hence , as far as I got you by your statement herewith that you are considerate person and you must be understanding the old age factor and apprehension of modern society trends. Thus you follow the advise as suggested . Even though ur parents insists to go to court let them go, you can not check. Court would not do much to them. Further you may consult in future if any legal opinion related to this.
Thanks
You may agree to pay Rs. 8 Lakhs also by installments if they execute release deed in respect of entire house property in your name. If any application is filed before RDO then produce pension papers and you are not liable to pay anything to them.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
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