Family dispute
4 years ago
My mom got some money as her inheritance from her family and was deposited in her account.My mother wanted to divide that money equally between her two daughters.Upon maturity, my sister convinced my mother of higher interest rate and tax rebates in her account and transferred the money to her account promising to give back later. Also,she took the gold belonging to my mom and some gold bought for me to keep in her locker convincing about security issues. Now she is refusing to give back the money and gold. How can my mother recover money and gold from my sister?
A.Dear Sir/Madam,
Please file a suit for partition.
Please file a suit for partition.
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Shreyash Mohta
Responded 4 years ago
A.The best way is to file a recovery suit and get back everything.
Alternatively, if your mother is a senior citizen she can file a suit for maintenance under the senior citizens act and contend about the possession.
However, in both the cases, evidence shall play an important role to prove the same.
Thanks
Alternatively, if your mother is a senior citizen she can file a suit for maintenance under the senior citizens act and contend about the possession.
However, in both the cases, evidence shall play an important role to prove the same.
Thanks
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Biswajit Das
Responded 4 years ago
A.She can initiate a recovery suit but evidence is foremost
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vishnu Prasad V
Responded 4 years ago
A.Mother and younger daughter can file suit with the evidence for 50% of the share for her second daughter. Court will attached the property of the debtor to sell and pay or court ask amount on installment basis to pay her second daughter( her sister).
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Khizer Iqbal Khan
Responded 4 years ago
A.If you have any legal written document you can file a suit to recover that money and gold.
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A.Dear Madam,
If your mother is senior citizen then she may get summary relief under the following Act.
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance may be made:-
a. by a senior citizen or a parent, as the case may be; or
b. if he is incapable, by any other person or organization authorized by him; or
c. the Tribunal may take cognizance suo motu.
If your mother is senior citizen then she may get summary relief under the following Act.
=========================================================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance may be made:-
a. by a senior citizen or a parent, as the case may be; or
b. if he is incapable, by any other person or organization authorized by him; or
c. the Tribunal may take cognizance suo motu.
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Rameshwar Dadhe
Responded 4 years ago
A.Your mother can file money recovery suit against her sister if her will then only. Or there must be having evidence to prove it.
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