what are the legal right of old parents against abusive Son ?

82 votes

Under Indian law, elderly parents have certain legal rights against abusive adult children and their spouses, including:

1. Maintenance: Section 125 of the Code of Criminal Procedure (CrPC) provides that elderly parents can seek maintenance from their adult children if they are unable to maintain themselves. This includes the provision of food, clothing, and medical expenses.

2. Protection of Life and Property: The Protection of Women from Domestic Violence Act, 2005, provides protection to elderly persons against domestic violence. This law covers elderly women and includes provisions for restraining orders, residence orders, and protection orders to safeguard the life and property of the elderly.

3. Right to Reside: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides elderly parents with the right to reside with their children or heirs. This act also provides for maintenance and welfare of senior citizens and parents, and for their protection and security.

4. Right to Claim Property: The Hindu Succession Act, 1956, provides that a Hindu father or mother has the right to claim their share of property from their son or daughter, including joint family property.

5. Criminal Remedies: Criminal complaints can be filed under the Indian Penal Code for offences such as criminal intimidation, assault, and domestic violence.

It is important to note that the exact legal rights of elderly parents may vary depending on the specific circumstances and laws of the state in which they reside. It is advisable to consult with a lawyer or legal expert to understand the specific legal options available in a particular case.

LawRato LawRato

902 votes

Dear,
Law/Constitution provides equal rights to each and every citizen of this country, in this case you don't have to worry. Following things you can do to ensure the safety of your parents from your brother and his wife.
1. You can submit a non cognizable report in the police station, which have jurisdiction over the area, also you can submit it in the SP office.
2. Your father and mother being a senior citizen can also move to senior citizen tribunal for necessary reliefs.
You can contact me for any further detail or help.

Advocate Aamir Zafar Khan LawRato

569 votes

Rights of Senior Citizen are governed by Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007.
As per S.4 of the Act, your parents can claim maintenance from their son by placing an application before relevant forum.

Coming to the mental and physical torture. Your parents can lodge a police complaint against the son and his wife. I would also like to warn you that if the wife of your brother files a false dowry demand-cruelty complaint against your parents, your parents might have to face serious hardships in the court of law. In my personal experience old aged parents suffer the most in such cases. It would be preferable if your parents start living separately if possible and claim maintenance from your brother.

Advocate Apoorv Pandey LawRato

528 votes

First your mother have also an option that file domestic violence case against son and daughter in law for them harassment and maintains . . Second if they are living together with parents property take legal actions for vacant house. Third your parents may FIR against son and daughter in law forharassment and threatened .

Advocate Pramendra Jain LawRato