Sibling not keeping Mother

Dear Client,
It is the moral and legal responsibility of the children to maintain their aged parents who are unable to maintain themselves. You being a son equally obliged with your siblings to maintain your aged mother who is unable to maintain herself once your mother approaches the maintenance tribunal constituted under Section 5(1) of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007, and presided over by the SDM/DM. On receipt of an application under sub-section(I) of Sec.5 of the Act from a Parents/Sr. Citizens, after giving notice of the application to the children or relative and after allowing the parties to be heard, hold an inquiry 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/Sr. Citizen including order of eviction of erring children/relatives from the property belonging to Sr. Citizens/Parents. This benevolent act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abandoned by their children/relatives 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 Parents/Sr. Citizens or OP, erring children/family. Recently, in the case of Pooja Mehta v. State (NCT of Delhi), 2024 SCC OnLine Del 7112, decided on 04-10-2024, the Delhi High Court upheld the order dated 31-03-2021, passed by the Divisional Commissioner, evicting the errant children from the property owned by the aged parents under Section 23 of the Sr. Citizens Act, 2007. It is observed by the Court that while the daughter-in-law’s right under the DV Act was acknowledged, it did not supersede the right of the senior citizen to seek relief under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 when there was evidence of gross ill-treatment. Thus, there was no jurisdictional bar on the authorities under the Senior Citizens Act to entertain the request for eviction of the children from the property owned by the Sr. Citizens. Further, under Section 125 of the Criminal Procedure Code (CrPC), a parent can claim maintenance from their children if they can prove they are unable to maintain themselves. The law also considers the financial status of the children. If the children are financially capable and the parents are in need, the court may order the children to pay maintenance. Apart from this, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, Hindu parents (both father and mother) have the legal right to claim maintenance from their children. The law places the responsibility on children to provide maintenance to their parents when they are unable to maintain themselves and the children’s responsibility is based on their financial capacity and legal steps are initiated if the children fail to provide support to their aged parents who are unable to maintain themselves.

Dear client,

This is a difficult family situation, and unfortunately, there's no single, easy legal solution. Family dynamics and personal relationships play a significant role.

You can take legal action under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which mandates that children (including sons and daughters) must provide maintenance to their elderly parents if they are unable to maintain themselves.

Before approaching any tribunal, your mother can send a legal notice to your brother and his wife, warning them of legal action if they refuse to maintain her.

File a Maintenance Case Under the Senior Citizens Act, 2007
Your mother can file an application before the Maintenance Tribunal under Section 5 of the Act, requesting financial support from your younger brother and his wife.
The Tribunal can direct them to pay a monthly maintenance (up to ₹10,000 per month) based on their financial status.
2. Claim Her Right to Residence
If your brother and his wife are denying her accommodation, she can claim her right to stay in their house.
Under Section 23 of the Act, any property transferred by your mother with the understanding that she will be cared for can be legally revoked if they neglect her.
3. File a Complaint for Neglect or Harassment
If they mentally harass or refuse to take care of her, your mother can file a complaint with the local police or senior citizen helpline.
Neglecting parents is considered an offense under the law, and they may face penalties.
4. Hindu Adoptions and Maintenance Act, 1956 (For Hindu Families)
Section 20 states that both sons and daughters are legally obligated to provide maintenance to their parents if they are unable to sustain themselves.

There are multiple Senior Citizen Welfare Committees and NGOs that assist in filing complaints and getting relief under this law.

If any situation goes out of control or your mother is harassed then she can file an FIR before the Local police station.