Liabilities towards father, step mother and step brother and sister

911 votes

Dear client it depends upon the facts and the circumstances
Provide the full disclosure of facts and circumstances

Advocate Sanjeev LawRato

788 votes

the First and foremost question is what is age of your father and he has source of income or not, If he is senior citizen and have no capacity to earn in this circumstances you are liable to maintain him under Cr.Pc. and old Parentes act, but you are not liable to maintain your step mother and brother and sister.

Advocate Rajesh Kumar LawRato

880 votes

you do not have any liabily .what ever liability that goes to your father furthervyour question is not explained properly .....you clarify in details what ever it is

Advocate Rajendra Sharma LawRato

701 votes

As far as parents are concerned, you have a legal liability to maintain them if they are unable to maintain themselves under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Section 125 of Criminal Procedure Code.

Maintenance under Section 125 of Criminal Procedure Code can be claimed by step parents too.

Section 125 (1) (d) of Code of Criminal Procedure, 1973 is a provision in Indian Law whereby a Magistrate can order children to make a payment of monthly allowance as maintenance to their Parents (father or mother).

However no legal liability is there to maintain your sister

Relevant extracts from a few landmark judgments of Supreme Court and various High Courts of India are enumerated below:

1. Father or mother must be unable to maintain himself or herself : Bombay High Court in Pandurang Bhaurao Dabhade vs Baburao Baburao Dabhade and another (1980 CriLJ 256 = 1980 (82) BOMLR 116)

2. Fulfilment of parental obligation is not a pre-condition to claim maintenance : Bombay High Court in Pandurang Bhaurao Dabhade vs Baburao Baburao Dabhade and another (1980 CriLJ 256 = 1980 (82) BOMLR 116)

3. Daughter is liable to pay maintenance to parents : Supreme Court in Dr. Mrs. Vijaya Manohar Arbat vs. Kashirao Rajaram Sawai & another (AIR 1987 SC 1100)

4. Adoptive mother can claim maintenance : Bombay High Court in Baban Alias Madhav Dagadu Dange vs Parvatibai Dagadu Dange (1978 CriLJ 1436 = 1978 (80) BOMLR 305)

5. Step-mother can claim maintenance : Supreme Court in Kirtikant D. Vadodaria vs. State of Gujarat and another (1996(4) SCC 479)

6. Application for maintenance to be filed where the son / daughter lives : Supreme Court in Vijay Kumar Prasad vs State of Bihar & Others (2004 AIR 2123)

Advocate Vinay Vats LawRato

818 votes

HI, YOU ASKED ME TO GIVE U A SUGGESTION. ABOUT YOUR LIABILITIES TOWARDS YOUR FATHER, STEP MOTHER ,STEP BROTHER N SISTER ,WERE NOT ANYTHING UNUSUAL IT GOES NATURALLY AS WITH YOUR MOTHER BROTHER N SISTER.ONE MORE THING U HAVE A LEGAL RIGHT OVER YOUR FATHERS PROPERTY.

Advocate Subodh Kumar Kaushik LawRato