Safety for senior citizen from their own sons Safety for senior citizen from their own sons

2 months ago

My sons and their wives threatened me for property they have removed me from my own house

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
In the prevailing situation, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, the following legal remedies are available to you to resolve the crisis in the right way. You can file a complaint against your son and daughter-in-law under the Domestic Violence Act, 2005, and can file an application under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation facing by you in the hand of your sons and daughters-in-law. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, after giving notice to the children or relative and after allowing the parties for hearing, hold an inquiry for determining the amount of maintenance and based on the merit in your claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, Sr.Citizen including order of eviction of erring children/relatives from the property belong to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift if executed by a Sr. Citizen in favour of children/relatives who failed to maintain their aged parents/Sr. Citizens. This forum is less expensive and hassle-free to resolve disputes. This benevolent Act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abused by their children 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 Sr. Citizens or OP, erring children/family. Moreover, there are Social Service Officers available in the Maintenance Tribunal who assist a Sr. Citizen to represent his or her case before the Tribunal. 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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