TAPAS CHANDRA
Asked July 18, 2016

Maintenance of parents

  • 1 Answer
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My mother gifted a house to me in 20069Registered deed) the condition was to perform worship of goddess kali. After that due to my crucial financial condition, my father & mother left the house in 2011.Now she is trying to establish that , she was out from house forcefully. Before left , there was a business of my father , on that , i was also involved.Father closed the business and left the house with my mother. at that time I was in a great financial crisis. Now I am in a stable financial position. Now my parents wants to live with me in my house. Can I restrict them to stay with me in my house? what action they can take against me?

Answer 1

Answered by Amrisha Tripathi, Lawfarm:

 

In my opinion, the assertion of your mother that she had to leave the house forcefully can be proved in two ways:

1. She was compelled to leave the house owing to your poor financial condition (which you have stated yourself), or

2. You had forced your parents to leave the house because of the same reason (which would place the burden of proof on them)

For you to prevent your parents from coming back and living with you in the same house which your mother gifted to you through a registration deed,you have to prove

1. that when they moved out of the house they actually had a strong and permanent source of income which was sufficient to keep them both decently affluent, or

2. your source of income is not sufficient to maintain them along with yourself (and your family

 

The house was gifted to you by your mother through a Registration Deed. According to the Transfer of Property Act 1882 it is a voluntary acquiescence of the right of ownership, possession and use of the property by your mother. However, this transfer was made subject to the condition that you will worship goddess Kali. It is unclear in the problem whether this ritual was agreed to be carried out periodically or just once. In either case you should have performed it because if you have not then the gift can be revoked on the ground of non-performance of the condition on which it was made.[1]  

 

Considering that your father had to close down his business before he left makes it slightly difficult for you to prove the scenario (i). There is an obligation on the children to maintain their parents who are incapable of maintaining themselves[2] out of their existing income or any other property. This principle is reiterated in the Code of Criminal Procedure and it empowers the Magistrate to fix a monthly amount which shall be payable by a person to his parents depending on factors like their necessary expenses and his/her income.[3] In addition to this, the Ministry of Social Justice and Empowerment also passed a Maintenance of Parents and Senior Citizens Act 2007 which imposes similar obligations on the children to take care of their elderly and has set penalties for failing to do so.

 

To save yourself all the time, effort and money that would be spent if your parents choose to file a case for maintenance, it is advisable that you let them live with you. You might have collateral issues but they will not help you escape your legal duty to maintain your ageing parents unless those issues are of an aggravated magnitude. Escaping, though, might land you in legal troubles.

 

 

[1] Section 126 of the Transfer of Property Act 1882

[2] Section 20 of the Hindu Adoption and Maintenance Act 1956

[3] Section 125 (1) of the Code of Criminal Procedure 1898

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