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Ancestral Property Ancestral Property

3 months ago

As I am trying to get my share of ancestral and from my father's side,and my son will be spending for the case and other legal proceedings, he asking me to give him all the money which I will get. He will give me 50,000/- and said you go away from my life. He needs the money to buy a house. His father, that is my husband was very irresponsible and didn't leave any thing. So my son could not get formal education. That's why he is blaming me and taking revenge from me. He also alongwith his wife physically assault me.
What do I do. I will give him 50%.
Please advise.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In the given situation, considering your financial constraints to bear the cost of litigation to obtain your share in the ancestral property, instead of taking financial help from your son on such immoral and unethical conditions, you may take the free legal aid /services under Sec.12(c) of the Legal Services Authorities Act, 1987 approaching the District Legal Services Authority or the State Legal Services Authority, seeking free legal service in the matter to contest the case before the Court. Once you apply and qualify for the same, the authority may allot an Advocate from the panel to render free legal service to contest your case before the respective Court. Being physically and mentally abused at the hand of your son or daughter-in-law, you can file an application under Sec.5 of the Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 before the Maintenance Tribunal presided over by the SDM/ADM claiming maintenance from your son. Based on the merit in the claim Tribunal passes an order for payment of maintenance up to Rs.10,000/-payable by the errant children to the parents including an order of eviction of erring children/relatives from the property belonging to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift executed in favour of children/relatives who failed to maintain their aged parents/Sr. Citizens. This forum is less expensive and hassle-free to resolve disputes. 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 in their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children/family. Further, an Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, your aged parents may take a chance by contacting them through helpline number to resolve the matter.
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Anik

Responded 3 months ago

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A.Dear client,

You may file a charge according to Section 506 of IPC for criminal intimidation. If the person is mentally or verbally abusive towards a senior citizen, a case under Section 294 can be brought into force. A large number of the elderly are also not aware that they can apply for a monthly allowance from their children, in case they are not able to support themselves. The children or heirs could be punished for not providing such maintenance to their older parents.
You may also file a complaint under the dignity helpline under 18002678780. As per the senior citizens maintenance act, you are entitled to maintenance per month through the legal heirs.

Thank you
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Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear madam
You may seek help from the police and also under the provisions of seniors citizens act and get monthly maintenance of Rupees 10,000/- per month.
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