Yesterday, my grandmother was forcefully, abusively driven out from her residence of last 8 years in Faridabad sector 16A, by her son's family. Abuses were yelled at her by her son's wife. Her son's 21-year-old daughter held Naani by her previously fractured hand, and dragged Naani out of her room along with a bag containing 4 pairs of clothes. My naani cried and begged to not force her out, to let her wait for till her son returns from work. To her shock, when her son returned he too forced her out, drove and dropped her 30 km to Noida, at my house. Previously she was forcefully pressurised, beaten, poured on with cold water by same son to transfer her 40-year-old property in son's name. The son promised and took her along into his new house, where she resided for last 8 years. My naani says its her fate, she is now weak and powerless. She wishes to go back and live in same locality of 40 years, with her small social circle and evening visits to nearby temple, but not under any abuse. As a grandson, I feel shattered to see such a side of society. Request you to advise if legal protection/action can be taken considering her old age and fragility of life. I could only think of mahila police station nearby in Noida. Is there any law agency for sr. citizens I can contact in Faridabad/Noida?
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Lodge an fir against the son and his family under various sections of the ipc. Also the house that she gifted to her son can be taken away from him under the senior citizens act wherein any property transferred by the parents can be reverted back to them in case of domestic violence or abuse.
A domestic violence case should also be filed against her son and his family for not inly beating her but also evicting her from the house.
Dear Client,
You may file a complaint at the nearest police station under the following legal provisions -
You may contact HelpAge India for the elderly woman's protection and rights. The website address has been provided for your convenience - https://www.helpageindia.org/
Thank you.
Your grand mother can call senior citizen helpline for assistance
she can also file complaint with senior citizen tribunal and seek court orders to direct son and his family to vacate her residence in their possession
also seek permanent injunction restraining them from disturbing her possession of house
she can also make will bequeathing property to whom so ever she pleases
Any woman of house can file a criminal complaint under Protection of Women from Domestic Violence Act, 2005. The Act is for protection of all women, not only for wife. Any person can file a criminal complaint in the Court of Magistrate on her behalf. Court will pass order prohibiting sons/daughters in law from committing any act of violence against her under Section 18 of the Act. Court can also direct the sons/daughters in laws to remove themselves from shared house and restrain them from entering in portion in which she resides, it can even restrain them from entering within 100 meters of house. A complaint seeking payment of monthly maintenance can be made on her behalf to Deputy Collector under Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act. Deputy Collector will order sons to make payment of monthly maintenance to her.
She can file a complaint against them under domestic voilence Act and seek compensation from them. She can also file FIR with police for such assault. You can get her at your place or legally ask accommodation for her separately in DV Act
She can approach senior citizens welfare tribunal and give a complaint against all of them who have done this act of injustice to her.
You can accompany her to the tribunal with a complaint.
If she had transferred her property to him she can claim it back for the same reasons too.
If they are not willing to take care of her then it would be danger to her life itself, hence you better do not send her back to that place and you take care of her as her grandson.
- She can lodge an FIR against the son and his wife for the said abusive acts before the police and also under the provision of senior citizen Act.
- Further , if she not liable to approach the police , then you can also lodge a compliant against them on her behalf.
- Further , if the said property is in the name of grandmother or her husband then she can evict the son and his wife from the residence legally after filing a suit for Mandatory injunction before the court.
She needs to file a FIR against her son and daughter in law under relevant provisions of the Indian Penal Code and the Senior Citizens Act.
She should also a file a complaint under the Domestic Violence Act.,
More details - 1. My grandmother transferred her 40 yr old house to her youngest son Anil. 2. Anil built his new house 200 meters away, and asked grandmother to shift with him. She was staying with him since last 5 years. 3. Anil sold 40 yr house, claiming to pay off loan on his new house. From the sale, Anil gave 40% of amount to Sunil, eldest brother, who is now bankrupt. Nothing was given to my mom. 4. The 40 yr home was rebuilt by buyer and sold off floorwise 2 yrs ago. Query 1. Can court ask Anil to a. buyback / b. buy a new / c. return equivalent amount to my grandmother so that she can arrange her own living? 2. If Q1. is not feasible, can court give order to Anil to ensure her security, food, medical and care in Anil's house till the end of life? 3. She fears all kind of threats, majorly hostility from Anil's family. Should she be aware of any harassment from legal/police machinery too? She can't walk or travel much.
Your grand mother can seek maintenance from her sons
2) court can direct Anil to provide her food ,shelter ,medical care
3) see cam seek protection order from court
Court can ask him to pay the share to mother.
Yes as per law also she needs to be maintained by her relatives
She may face some difficulty from legal system as per procedures are slightly rigid
Dear Client,
The court can ask Anil to perform either option so that her living is arranged and if that is not possible, to ensure her basic facilities. There is no harassment from the legal or police machinery.
Thank you
1. If the property was on your grandmother's name by a registered document, she should have signed the documents for transferring the property by a sale deed before the concerned registrar, without which her son could not have sold the property, hence you may first confirm the status and the mode of selling the property.
If it is confirmed that her son played fraud on her and sold the property without her consent or knowledge, she can even make a police complaint against him besides approaching senior citizen's welfare tribunal for appropriate reliefs in this regard.
2. She can file a complaint against him before the Sr. citizen's tribunal asking for all such reliefs in lieu of the proeprty that belonged to her had been utilised by him for his purpose.
3. In that case either you or some able person should assist her to enable her to get the desired reliefs.
1. If the said house was transferred by grandmother by way of registered deed , then legally she has not right to take back the property from her son .
- However, she can claim amount for her livelihood from her sons legally.
2. Yes
3. She can take legal action against them.