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son not caring for me and my wife has willed the house to him.
20-May-2023 (In Family Law)
My wife has willed our house to my son. My wife passed away 10 years back. My son has all but abandoned me and I am living in my daughter's house now. I am aged, and unable to care for myself. My daughter has taken care of me for the past 10 years after my wife's passing. I want to claim the property for myself. is it possible? My wife and my son are co-owners of the property, and my wife had willed her portion to him, hoping that he will take care of me in my hour of need.
Dear Sir,
Under the provisions of Senior Citizens Act you can get a cancellation order of Will and also get a direction to your son to pay monthly maintenance and to return your property if he is in possession of the same. Please read the following FAQs.
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
Under the provisions of Senior Citizens Act you can get a cancellation order of Will and also get a direction to your son to pay monthly maintenance and to return your property if he is in possession of the same. Please read the following FAQs.
=======================================================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
you can file a case for maintenance in the family court and claim your amount for maintenance of yourself from son, further challenge the will in court and then you may be able to negotiate and get some part or value of the property, but the first step is file a Petition in family court for maintenance under section 125 of crpc.
Helpful?
Adv. Bharat Narasgouda
Belgaum | 500+ Answers
Chat
hello sir , With regard to the property, your son has got the property from your wife through a will. the transferring the property by way of will is the absolute property of the your son. it is the property of your son as if he purchases the property. Therefore he got absolute right over the property. You can not entitle the share in this property. Another important thing is that you can file case against your son for the maintenance.
Helpful?
Adv. Bhojappa Kallihala
Bangalore | 400+ Answers
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