Senior Citizen Suite Senior Citizen Suite

2 months ago

An old man aged 94 years unmarried file a cash in SDM court to get back his property which he transferred his brother's grandson for his care in this age. but after this property transfer he refused hid responsibility. Now that old man leaving here and there.
Now all hearings and formalities of SDM court has been finished. But the SDM giving date to date continuously for order. That old man is not able to go court date to date. Now he has no any earning source. He is totally helpless from govt. department. What he to do for close this case and get back his property.

Anik

Responded 1 month ago

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A.Dear Client,


According to Sub-Section 4 of Section 5 of the Maintenance and Welfare of Parents and Sr. Citizens Act, 2007, an application for monthly allowance for the maintenance and expenses must be disposed of within ninety days from the date of service of notice, as specified in Sub-Section 2 of Section 5. The Tribunal has the discretion to extend this period once for a maximum of thirty days in exceptional circumstances, provided the reasons are recorded in writing.

The right to a speedy trial is considered a fundamental right implicit in the guarantee of life and personal liberty under Article 21 of the Constitution of India. If a party to litigation is denied this right, they are entitled to approach the High Court under Article 226 or the Supreme Court under Article 32 of the Constitution to enforce this right.

To expedite your case, you can file a petition under Article 226 of the Constitution before the High Court, seeking a direction for the court where your case is pending to conduct an expeditious hearing and disposal within a specified time frame.

Additionally, you may submit an online complaint to the Chairperson of the National and State Human Rights Commission through their official website (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints), informing them of the challenges you are facing in the trial court.

The Ministry of Social Justice and Empowerment has launched an Elder Help Line (No.14567) exclusively for the protection of the interests of senior citizens in the country. You may contact them through the helpline number to seek assistance in resolving the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
As per Sub-Section 4 of Section 5 of the Maintenance and Welfare of Parents and Sr.Citizens Act, 2007, An application filed under sub-section (2) of Sec.5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person: Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the high court under Article 226 of the Constitution of India as well as Supreme Court under Article 32 of the Constitution of India to enforce such right. So, You can file a petition under Article 226 of the Constitution before the High Court praying for a direction to the court below wherein your case is pending for expeditious hearing and disposal within a given time frame. Apart from this, you can submit an online complaint before the Chairperson, National, and State Human Rights Commission on its official website (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) informing them of the ordeal you are facing before the trial court. 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.
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Vidhi Samaadhaan Vidhi Samaadhaan

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