Senior citizen - After my mother expired
9 months ago
After my mother expired on 16 February 2023. My father started searching women for second marriage. He become fool by some Dalal and taken jewelries cloth cash and run away. Then he started to search another women and brought another old lady and her daughter they stay for 2 days with him and they also run away. Again He started to search women then he got old lady and her daughter and they demand first transfer property to me then my father given 2nd floor to my brother and first floor to me and ground floor to his new wife every thing is going well suddenly he started fighting to my wife and complain in police station , commissioner office then he goes to sdm office and complain to take possession and to cancel gift deed. He is pensioner 34000 rs pension and building rent 11000 rs and also taking rent from my brothers plot having 7 rooms.
I am doing private job of salary 12000 I have 3 daughters and one son my my mother gives me 7 to 8 thousand rs per month for my children's school. But my father not giving any thing to me my mother suffer dailysis for six month but my father not given single rupee for her treatment not a single time come to hospital to see him only he waiting for death of my mother.
Now he is trying to vacant home from me. Is any chance to me survive becouse sdm gives order to vacant house I am not having money to appeal in high court, please give some suggestion
Section 16 of the Act allows you to appeal a maintenance tribunal order to the appellate authority (District Magistrate) within 60 days of the tribunal's decision. According to Section 17 of the Act, attorneys are not permitted to appear before the Maintenace Tribunal or the Appellate Tribunal. As a result, you can confer with an attorney to construct your appeal in accordance with state standards (the Form of Appeal) and to prepare it for hearing before the Appellate Tribunal.
From the query, it transpires that your father made an application u/s.23 of the Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 for cancellation of the Deed of Gift executed in your favor transferring a part of his property before the Maintenance Tribunal presided over by the SDM who after hearing the case passed an order for cancellation of gift deed and eviction of the donee from the gifted property. As per the decision of Karnataka High Court, the right to approach the appellate authority (district magistrate) under section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not restricted to only senior citizens or parents. It is also available to other aggrieved parties. If the combined reading of sections 15 and 16 is undertaken, nowhere is it mentioned under section 15 that appealing against the order of the tribunal is confined to senior citizens. “The right to file an appeal is not excluded specifically by the provisions of section 16(1) of the Act. If the right of appeal is confined only to senior citizens or parents, and both parties are aggrieved by an order passed by the tribunal, one would prefer an appeal and the other would take recourse to Article 227 of the Constitution (before HC), So, in view of the said order of High Court, you can file an appeal before the appellate authority(District Magistrate) under section 16 of the Act within 60 days of the order passed by the maintenance tribunal. The Advocates are not allowed either before the Maintenace Tribunal or the Appellate Tribunal as per Sec.17 of the Act, So you can consult with an Advocate for drafting of appeal following the state rules(Form of Appeal) and for breifing before hearing of the appeal before the Appellate Tribunal.
Since you are married you cannot claim any maintenance from your father. Otherwise you may with love and affection get his properties.
Mental Abuse and Harassment by Mother in law
Marriage and police related problem
Staying at husband house after court ordered monthly maintenance
Husband and wife problem
Sapinda relationship
