I am 75 years old man and my son enjoying my property since 2016 and He is threatening I am 75 years old man and my son enjoying my property since 2016 and He is threatening

9 months ago

My name is Nalli SUVARNA RATNAM. I am 75 years old.my native place is Sakhineti Palli Mandal, Rajolu Taluka, Dr.B.R. in Ambedkar District. my son is enjoying my property since 2016 after given my some property to my 3 daughters. Presently i lived at my 3 daughters house.

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
In the prevailing situation, you need to visit the office of SDM or DM of the concerned Sub-Division or District to file an application before the Maintenance Tribunal presided over by the SDM/DM u/s.5 of Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 and rules made thereunder explaining therein the nature and details of harassment and humiliation facing by you in the hand of your son. This benevolent act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abused by their children at their sunset years to lead a life with dignity and peace. No Advocate is allowed in the court proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children. Moreover, if any Sr. Citizen is unable to represent his or her grievance, there are Social Service Officer to assist the Sr. Citizen to represent the case suitably before the Maintenance Tribunal who after hearing both parties pass an order of maintenance for a sum upto Rs.10,000/-pm including order of eviction of erring children from the property belongs to Sr. Citizens/Parents.
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Anik

Responded 9 months ago

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A.Dear client,
If you want maintenance from your son, let us tell you that under Indian law, if a son fails to maintain his parent, there are several legal remedies available to claim maintenance

The following laws provide for the maintenance of parents by their children:
The Hindu Adoptions and Maintenance Act, 1956: This Act provides for the maintenance of aged parents by their children. Under Section 20, a parent who is unable to maintain himself/herself can claim maintenance from his/her children.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This Act provides for the maintenance of parents and senior citizens by their children and relatives. Under Section 4, a parent who is unable to maintain himself/herself can claim maintenance from his/her children.
The Criminal Procedure Code, 1973: Under Section 125 of this Act, a father who is unable to maintain himself can claim maintenance from his son if he neglects or refuses to provide maintenance. If a father files an application for maintenance under Section 125 CrPC, the court will examine the evidence and determine whether the son is capable of providing maintenance to his mother. If the court is satisfied, it can order the son to pay maintenance to his mother on a monthly basis.
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