quesHow to take flat occupied by son forcibly? Can i ask for maintenance?

What legal method can I adopt to take back a self made flat in Agra that has been possessed forcefully by my son? I am a senior citizen and I have no source of income to lead my life. What can I do to take my Flat back from him?

 

Also, can I also demand for a maintenance amount from him?

 

  • ans 

    It depends on whose name the flat belongs. In case you had transferred the flat in the name of the son by way of gift deed then you cannot claim the flat back. The Supreme court had ruled that once the gift deed has been executed, it could not be revoked “by the mere fact that the donor’s feeling towards the recipient underwent a change”.

     

    However in case the the flat is registered in your name then you can register a complaint against your son for trespass under the Indian Penal Code, 1860 and get the possession of the flat back.

     

    Yes regarding maintenance you have the following remedies:

     

    1. CODE OF CRIMINAL PROCEDURE: Section 125(1)(2) makes it incumbent for a person having sufficient means to maintain his father or mother who is unable to maintain himself or herself and on getting proof of neglect or refusal, may be ordered by a first class magistrate to make a monthly allowance not exceeding Rs.500/-. It is applicable to all, irrespective of their religious faith and religious persuasions, and includes adoptive parents. This section has been interpreted by the supreme court in its ruling so as to make daughters and sons, married or unmarried, equally responsible to maintain their parents.

     

    2. THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007: A senior citizen including parent who is unable able to maintain himself from his own earning or out of the property owned by him, is entitled to get relief under this Act. Children/grand children are under obligation to maintain his or her parent either father, mother or both.[13] Likewise, relative of a senior citizen is also bound to look after the senior citizen. If such children or relative is not maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance. Such parents/ senior citizen can file an application before the Tribunal, claiming maintenance and other reliefs from their children/relatives as the case may be.

     

    3. HINDU ADOPTION AND MAINTENANCE ACT: By Section 20(1)of the act, every Hindu son or daughter is under obligation to maintain aged and infirm parent, if unable to maintain himself or herself is entitled to maintenance. Amount is determined by the court taking into consideration the position and status of the parties.

     

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