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Son not taking care of old parents


12-Sep-2026 (In Family Law)
My brother in law has thrown his old helpless parents out of the house . They are 85 yrs old and have no source of income. Whereas my brother in his son daughter in law and daughter all earn more than 6lac a month. Can we file a case against him to take care of his old helpless parents.
Answers (5)

Answer #1
932 votes
Yes, there are legal remedies available for elderly parents who are being neglected or left without proper care and financial support. The exact remedy would depend on the parents circumstances, their relationship with the children, and the facts regarding their residence and income.
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Advocate Sanrit Lala

Adv. Sanrit Lala

LawRato Gurgaon / Gurugram | 5+ Answers
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Answer #2
917 votes
They may file an application before the Maintenance Tribunal/SDM seeking monthly maintenance, residence/protection and other necessary reliefs against the son. If the house was transferred to the son subject to an obligation to maintain the parents, appropriate relief including cancellation of such transfer under Section 23 may also be sought. A complaint can also be made to the police if there is criminal intimidation, assault or other unlawful conduct.
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Advocate Raman Sahu

Adv. Raman Sahu

LawRatoHisar | 25+ Answers
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Answer #3
685 votes
The elderly parents may seek appropriate relief under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 including maintenance, protection and other consequential reliefs in view of their advanced age, financial dependency and alleged abandonment by their son.
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Advocate Deepak Sangwaan

Adv. Deepak Sangwaan

LawRatoBahadurgarh | 5+ Answers
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Answer #4
566 votes
hello myself advocate Suman khatkad yes you can file a Suit against according to senior citizenship you can send me your document full for you you can contact me on WhatsApp via Gmail and you can call me also my number
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Advocate Suman Khatkar

Adv. Suman Khatkar

LawRatoJind | 5+ Answers
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Answer #5
649 votes
Hello, Yes. Since both parents are 85 years old and have no independent source of income, they can take legal action against their adult son for maintenance and care. The most direct remedy is under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 4 permits a parent who is unable to maintain himself/herself from his or her own earnings or property to seek maintenance from one or more adult children.
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Advocate Preeti JD

Adv. Preeti JD

LawRatoGurgaon / Gurugram | 50+ Answers
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