• Senior Citizen

Hello Expert

Recently my dad got daignosed with stage 4 colon cancer and my has thyroid, diabetics, frozen shoulder and artheritis problems. My uncle, cousins and my aunties always create some or other problems from past 30 years. There intension is that my parents should always go through some tension. Since i stay in different city because of my work can you suggest me some suggestion so that my dad and mom can survive few more years in peace.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Your mother should file DV case against your uncles aunties and cousins seek protection order 

 

also file police complaint against relatives under section 504 of IPC 

Ajay Sethi
Advocate, Mumbai
96200 Answers
7740 Consultations

5.0 on 5.0

Are they living in joint family ? Why don`t they file police complaint against them. Police will issue warning and execute bond not to contact them in any way. And if they violated the bond, will be arrested.

Yogendra Singh Rajawat
Advocate, Jaipur
22905 Answers
31 Consultations

4.4 on 5.0

You can bring them to your place and if that is not possible then keep them in a separate place away from your relatives.

Rahul Mishra
Advocate, Lucknow
14097 Answers
65 Consultations

5.0 on 5.0

You can take restraining order from court under Senior citizens Act against him but to contact or harrass them

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

See in case they are creating issues for them mother can file a complaint under domestic violence and cruelty also father can file a police complaint for the harassment.

Also they can file complaint before the SP to seek justice. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If they are creating nuisance or in the habit of constantly disturbing their peace, your father can issue a legal notice instructing them to refrain from indulging in such activities or else to face the consequences.

After that he can lodge a criminal complaint against them for creating constant nuisance and not allowing them to live peacefully with the local police station.

An injunction suit before a civil court may take time and he may hav to frequent to the court at regular intervals which may spoil his health more further.

Hence he may resort to police compliant or vacate the premises and start residing in your place where you can personally take care of them.

 

T Kalaiselvan
Advocate, Vellore
86394 Answers
2296 Consultations

5.0 on 5.0

- Your parents should lodge their complaint before the SDM/DM against the person , who subjected them harassment. 

- Further , they can also lodge their complaint under the provision of Senior citizen Acts as well. 

- Since, they are honest persons, hence i think they will not lodge any complaint against them , and that is the reason they are facing since last 30 years.

- Hence, you should lodge a complaint on behalf of them , after mentioning all the nefarious acts of your uncle and unties in details, and thereby request to take legal action against them, and one copy should be forwarded to SDM/DM i.e. higher official of police. 

- Further, forward the said compliant to the Women cell as well .

- You can lodge complaint online as well . 

Mohammed Shahzad
Advocate, Delhi
14145 Answers
211 Consultations

5.0 on 5.0

Hi,

Your parents can exercise the laws related to senior citizen maintenance act and this may provide some relief to them.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. What prevents your dad from snapping his social ties with those people?

2. If your dad is living separately from those relatives then he just has to snap his social ties with them. There is nothing that can be done under the legal framework.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

 if your parents are facing problem in home where they are living they can call the police but  for normal day today issues do not involved in the police that will more difficult the issues.

Eventually there is no solution to this problem then the family mediation

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them.  Few FAQ's are as follows:

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

 

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

 

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

 

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1.  Collect the evidence of all such harassment/tortures on your  parents by audio/video recording their such acts.

 

2. Thereafter lodge a police complaint against them.

 

3. If police refuses to register FIR, file a Writ Petition praying for a direction upon the police to register FIR, investigate and act as per law based on the said complaint.

 

4. Your problem is expected to be over thereafter.

Krishna Kishore Ganguly
Advocate, Kolkata
27345 Answers
726 Consultations

5.0 on 5.0

There are laws protecting elderly people who are subject to harassment. This includes police protection as well as legal protection. You may file a complaint before the relevant police station and take recourse.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

4.7 on 5.0

1. They can file suit under senior citizen act against the relatives who are creating tensions and stress in their life. 

2. They can also lodge FIR for criminal intimidation against them if they can give evidence that they are threatening to hurt them. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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