Anonymous
Asked January 04, 2017

Senior citizen ignored by family

  • 1 Answer
  • 579 Views

One of my Aunty, she is old (70+ years) and a widow. She had 3 sons and all died couple of years back. Now all 3 daughter-in-laws and grand children are not taking care of her and she is ignored. All 3 daughter-in-law have divided the family property and nothing is named on my aunty. She is physiologically getting tortured and even not getting a better treatment in home (no food and money for treatment). Day by day her condition is becoming pathetic and this is disturbing me also as I have great respect to her. Time being she is staying with my family. What action or rules in LAW are permitted to teach a lessons to these money minded daughter-in-law's and grand children's. Waiting for your reply.

Answer 1

According to the Maintenance and Welfare of Parents and Senior Citizens Act 2007, it is the legal obligation for children and heirs to provide maintenance to senior citizens. It includes all Indian Citizens, including those living abroad. A parent could be father or mother whether biological, adoptive or step father or step mother, whether or not the father or the mother is a senior citizen. If the senior citizen or parent is incapable, a person or a voluntary organization authorized by the senior citizen or parent can apply for maintenance on their behalf. Maintenance includes a provision of food, clothing, residence and medical attendance and treatment. Section 4 provides that a citizen including parents who is unable to maintain himself from his own earning or property owned by him shall be able to claim maintenance u/s 5. The obligation of the children or relative may be such so that senior citizen may lead a normal life. A relative may maintain the senior citizen provided he is in possession of the property of such senior citizen. where the children or relative neglect or refuse to maintain, the Tribunal may order to make a monthly allowance. The maximum allowance ordered by Tribunal is Rs.10, 000 per month.

There are also other provisions in law related to the rights of parents and elderly, namely under the Code of Criminal Procedure (Chapter IX, Section 125(1)(2)) which requires persons who have sufficient means to take care of his or her parents if they are unable to take care of themselves, and the Hindu Adoption and Maintenance Act, 1956 which requires Hindu sons and daughters to maintain their elderly parents when parents are unable to maintain themselves.

If the house is in fact owned by her, she can approach the Tribunal to retain the possession and residence of the house. In case the house has been gifted or transferred to the husband and wife by the parents, according to Section 23 of the Act, she can reclaim the property they gifted or transferred in their name if their welfare and basic needs are not being looked after.

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