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Procedure to obtain the legal right to take care of ailing parents


24-Jan-2023 (In Family Law)
I have 2 brother in laws. Their parents are very aged and sick. The elder brother in law is a computer programmer married with 2 daughters but mentally arrogant and has grown with lots jealous, problem with anger management and is after property and money of parents (which is a ancestral property). pampering. The younger brother in law was a financial officer but left his job and is not married. He left his career, job and everything to take care of parents and is a wonderful and humble person who is taking care of his parents very nicely. All his three sisters ( who lives far away) support him. Unfortunately the elder brother thinks that the younger brother is doing all these things for the sake of money and property ( which is not the case) and is abusing the younger brother and the parents. It has been very difficult for the younger brother to manage the health of his parents (mother just recovered from stroke). How can we deal with the elder brother legally?
Answers (1)

Answer #1
742 votes
You cannot file a complaint until there is some kind of abuse or harrasment meted out by the other party. You can try to resolve the query in house rather than bringing the matter to the court. But if there is continuous harrasment, you can file a complaint for protection. Further, you can make him responsible for the wellbeing of his parents as it is equal responsibility of all the children to take care of the parents.
There is an enactment in the year 2007 initiated by Ministry of social justice and empowerment that the children are responsible to take care of senior citizen which includes parents or grandparents. You can file the Same under the tribunal and the case need to be disposed within 90 days.

I hope this clarifies your concern

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