• Duty of widow daughter towards widow mother

I am a widow having a 19 yr son. my husband expired in 2010 and we are staying in my maternal house with my widow mother, since i have been denied the property rights from my in laws side. i run the entire family with the funds kept by my husband and also my mother's expenses since she is financially insolvent.
 my query is am i bound to run the expenses of my widow mother since i am already having the responsibility of my son. CAN I SHIFT ELSEWHERE WITH MY SON AND AM I BOUND TO PAY THE EXPENSES OF MY MATERNAL FLAT, SINCE SHE IS INCAPABLE TO PAY THE EXPENSES OF THAT EVEN?
Asked 6 years ago in Family Law
Religion: Hindu

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12 Answers

1. Yes, your mother is entitled for maintenance from you if she does not have any male child living.

2. In any event whether you have legal liability or not you being her daughter can not leave your own mother to lurch alone .

3. So shun these ideas She has no one else except you and she being your own mother must not be ignored at he cost of your child. Do not forget she gave broth to you and reared you up as well. now at the time of her need you must not be selfish and fulfill the duty of a child which he woes to his parent.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

You are liable to maintain your widowed mothe if she is unable to maintain herself

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

You are legally bound to maintain your mother ,if she is unable to maintain herself in her own.

Realizing the need for a special law to address this issue, the government had enacted Maintenance and Welfare of Parents & Senior Citizens Act in 2007 and she can seek maintenance from you and your siblings.

She could also seek maintenance under Section 125 of Criminal Procedure Code (CrPC) from court.

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

Firstly you cannot be denied property either from your husbands side nor from your mothers side. Your son can claim from his fathers side being major above 18+. Law says children have to take care of their parents at old age, if parents complain, they can be dispossesed too. After your mother the property is yours completely. Detailed discussion for better understanding

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Hello,

NO you are not entitled to pay the expenses of your mother . You should shift with a good note by citing some excuses so that your mother dont get offended as it would reflect on her will in future.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

If you are totally dependent on the savings of your husband, and ho have independent source oof income, you are not bound to maintain your insolvent mother.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You are not even bound to contribute towards the maintenance of the flat in question.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Truth always bitters.

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

At the very outset, you are NOT bound to run the expenses of your widow mother and you are very much free to shift elsewhere with your son. You are also NOT bound to pay the expenses of your maternal flat. Having said that, also please note that if you are the only earning relative of your widow mother, she can claim maintenance from you under the provisions of The Hindu Adoption and Maintenance Act, but the same can only be done through a competent civil court.

Gunjan Shah
Advocate, Kolkata
16 Answers

If you are the only child you are bound to do so as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

If you are facing the financial issue you may despose the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Dear Client,

Parents unable to maintain themselves can seek maintenance through court u/s 125 CrpC.

And after demise of mother, (intestate ) her property will inherit in you, or get the WILL executed from mother, this way you will be in a better position to secure your ownership after her demise.

You can deny her expanses but then she will be hand to mouth.

Choice is yours.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

You are a widow having the responsibility of taking care of your own child and your household maintenance.

You don't have a regular income to maintain your own family hence you can't be held responsible to maintain your widow mother.

However if you are availing her assets then it will become your duty to take care of her.

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

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