Safety for senior citizen from their own sons Safety for senior citizen from their own sons

2 months ago

My sons and their wives threatened me for property they have removed me from my own house

Legal Counsel Vidhikarya

Responded 2 months ago

View All Answers
A.Dear Client,
In the prevailing situation, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, the following legal remedies are available to you to resolve the crisis in the right way. You can file a complaint against your son and daughter-in-law under the Domestic Violence Act, 2005, and can file an application under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation facing by you in the hand of your sons and daughters-in-law. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, after giving notice to the children or relative and after allowing the parties for hearing, hold an inquiry for determining the amount of maintenance and based on the merit in your claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, Sr.Citizen including order of eviction of erring children/relatives from the property belong to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift if executed by a Sr. Citizen 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. Moreover, there are Social Service Officers available in the Maintenance Tribunal who assist a Sr. Citizen to represent his or her case before the Tribunal. 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, you may take a chance by contacting them through helpline number to resolve the matter.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSapinda relationship
Dear Client, Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
question iconIs any legal obligation for me to share the property within my brothers and sister
Dear Client, All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
question iconMy 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.
question iconMoney 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...
question iconInquiry 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