Senior Parents are not taking care by 3 among 4 Sons Senior Parents are not taking care by 3 among 4 Sons

2 months ago

Please advice how this can be acted as per Laws according to Senior Citizens Welfare. What petition or complaints can be raised against those irresponsible three sons.

Anik

Responded 2 months ago

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A.Dear Client,

In the given situation, your aged parents have several legal remedies to address the distress caused by their sons/daughter-in-law. They can file a complaint under the Domestic Violence Act, 2005, and submit an application under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007. This application would be presented before the maintenance tribunal, headed by the SDM/DM, detailing the harassment and humiliation faced by your parents. The tribunal, after notifying the concerned parties and providing an opportunity for a hearing, will conduct an inquiry to determine the maintenance amount. Based on the merits of the claim, an order for maintenance, up to Rs.10,000/-, payable by the errant children or relatives, can be issued. The tribunal may also order eviction of the erring children/relatives from the property owned by the Sr. Citizens/Parents. Additionally, the Maintenance Tribunal, under Sec.23 of the Act, has the authority to cancel a deed of gift executed in favor of children/relatives who fail to provide maintenance to their aged parents/Sr. Citizens.

This forum offers a cost-effective and straightforward means to resolve disputes, specifically designed to protect the safety and security of Sr. Citizens facing harassment and abuse in their later years. No advocate representation is allowed in the proceedings. Furthermore, an Elder Help Line (No.14567) provided by the Ministry of Social Justice and Empowerment offers assistance to Sr. Citizens for various issues, including health and wealth crises. Your parents may contact this helpline to seek resolution to the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
In the given scenario, considering the complexity of such an immoral and unwanted issue, your aged parents can resolve the issue by exercising their rights available under different laws of the land. Amongst others, the following legal remedies are available to your parents to resolve the crisis in the right way. Your parents can file a complaint against their sons/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 your aged parents in the hand of their Sonsdaughter-in-law. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, after giving notice of the application to the children or relative and after allowing the parties to be heard, hold an inquiry for determining the amount of maintenance and based on the merit in the claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, parents 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 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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