Meena was 84 years old when her 2 daughters argued with her over ownership of a flat in mumbai. Meena claimed she was the owner after her husbands death, and the daughters claimed they had each had an equal share. Since the daughters could not make her change her claim, they decided to prove Meena was mad. They took her to a psychiatrist and said their mother had schizophrenia symptoms. They then started giving schizophrenia medicine, which led to adverse effect on Meena's health. Daughters then took control of her mobile phone and her bank accounts which restricted her independence. After 1 year of continued drugs given schizophrenics, Meena fell at night and fractured lower vertebrae, leading to incontinence and needing 24 hour care givers to take her to the bathroom. Daughters told everyone they were taking care of their mother. After continued neglect in eldercare, Meena got bed sores which led to a further complications and eventually her demise. Can a case be filed against the daughters? under which law? is this criminal or civil law?
how can you prove medical negligence ?
you need doctor reports that she was not suffering from mental illness but given drugs for said illness
3) further neglect in health care has to be proved
4) it is a criminal offence under section 304 A of IPC
5) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
In what way you are connected to this issue?
Are you related to the deceased old lady or do you have any rights or interest in the property.
The death at the very old age due to chronic ailments and complications are natural hence it cannot be viewed ion the angle you say.
Besides you say that the mother was not taken care hence she succumbed to her ailments, thus there is no question of the daughters involved in the death of their mother neither their mother's death was under mysterious circumstances.
Thus without any base or interest you cannot file any case against her daughters especially if you do not have any evidences or proper reason to establish your allegations.
You are a third party hence your case will not be entertained.
if the property was originally owned by the husband, then after his demise, his property would go to his widow and 2 daughters equally [provided they are his only surviving legal heirs]
so the 2 daughters' claim over their father's property was legally NOT wrong
given the facts as stated in your query, it is very difficult to prosecute the daughters under any criminal law
they did not incur any civil liability as well
the facts do not make any sense to me since after the mother's demise, her 33% share in the flat would go to her daughters only
so why would the daughters met out such a treatment as is alleged in your query to their own mother
the querist MUST first disclose who he or she is
Certainly and daughters are also disqualify to inherit her property as per succession law.
Sec 120B, 302 IPC. This is an indirect mother.
The remedy lies in criminal law. Any close relative of Meena's can initiate criminal proceedings against her daughters by lodging a police complaint.
Dear Client
Criminal Liability: The actions described in the scenario could potentially lead to criminal charges, depending on the specific circumstances and evidence. Possible criminal charges could include:
a. Elder Abuse: If the daughters' actions are found to have caused harm to Meena, such as through neglect, mistreatment, or financial exploitation, they could potentially be charged with elder abuse under relevant Indian laws.
b. Forgery: If the daughters have manipulated documents, including Meena's bank accounts or property ownership documents, they could face charges of forgery or fraud.
c. Medical Malpractice: If the administration of schizophrenia medication without a proper diagnosis and its subsequent adverse effects on Meena's health are proven, the psychiatrist involved could face charges of medical malpractice.
d. Wrongful Confinement: If the daughters restricted Meena's independence against her will, it could potentially lead to charges of wrongful confinement or false imprisonment.
Civil Liability: In addition to criminal charges, there may also be civil liability in this case. Meena's estate or legal representatives may file a civil lawsuit against the daughters for various claims, such as:
a. Property Dispute: If there is a dispute over the ownership of the flat in Mumbai, a civil lawsuit could be filed to determine the rightful owner.
b. Financial Exploitation: If the daughters have wrongfully taken control of Meena's bank accounts and assets, a civil lawsuit for recovery of those assets could be pursued.
c. Medical Malpractice: A civil lawsuit could be filed against the psychiatrist for medical malpractice if it can be proven that the medication was administered improperly, leading to harm.
d. Elder Abuse: A civil lawsuit seeking compensation for the harm caused to Meena due to neglect, mistreatment, or abuse could also be pursued.
Yes she can file cases under domestic violence Act as well as criminal and civil acts. She can also file case under senior citizens Act
This is criminal case where forcefully daughters are trying to acquire the mother's property and put her in trouble in her old-age.
If you have proof against daughters than you can file case.
- As per law, during the life time , none having right over the property of Meena
- Further, if the daughters have prepared a documents for getting the property in her name, then a compliant /FIR can be filed for the offence of cheating , breach of trust and forging the documents
- However, if the property was in the name of Meena husband , then after his demise without a Will , the property an be claimed by Meena and the said two daughters equally.
- Further, if the said condition of Meena is due to daughters, then a criminal case can be filed
- If Meena is unable to approach the police , then any person or relative can lodge an FIR on her behalf.
1. Is there a law which requires "evidence" that a series of tests had been performed by a psychiatrist before legally claiming a person has Schizophrenia? 2. Is there a legal approval needed before taking legal control of Meena's financial assets (bank accounts)? 3. Is there any legal approval needed before Meena's daughters could take health decisions on her behalf? 4. Meena's daughters also told doctors that Meena had dementia, doctors added that to her medical reports, isnt there any legal evidence of tests needed to prove a person has dementia? 5. It seems that under current law it is very easy for children to claim their parent has mental issues such as schizophrenia or dementia and then take full control of their parents financial assets. Is that the case? 6. Was the burden of proof on Meena to prove that she was sane and mentally fit, or on her daughters to prove that she was mentally incapable? note It is impossible for any one to prove that they are sane 7. Meena has expired, can a police FIR still be filed as some on this thread have suggested? 8. Note that Meena's daughters took her to doctors for mental illness after having fought with her over their share of property. There is evidence of that quarrel. The daughters were afraid that Meena would give away her share to her other relatives. There is evidence that Meena tried to give her share of property to another close relative, and the quarrel happened after that.
1) you need diagnostic reports that person is suffering from schizophrenia
2) you need court orders for control of M bank accounts
3) daughters can take Heath decisions on behalf of their mother
4) doctors should cross check whether patient dies have dementia or not
5) not easy to take care of financial assets of old parents as court orders are needed
6) burden of proof is upon person who alleges that mother is suffering from mental health problems
7) you can file FIR if you are able to prove allegations made by you
1. yes Indian Evidence Act
2. ofcourse yes
3. yes they have to apply for appointment as guardians under the Right of Persons with Disabilities Act, 2016
4. an independent and neutral doctor or specialist can examine her and give a certificate of fitness regarding the condition she is suffering from
5. what makes you say that? you are under a mistake if you think like that
6. any person who asserts that Meena was not sane has to prove that fact
7. try
8. whatever evidence there is, all that has to be proved before the competent court
1. It is the burden on the person to produce the medical evidences to prove that the person is suffering from mental inability.
2. Anyone cannot take control of a different person's assets and wealth without any approval of that person or without permission of court. to do so.
3. Decisions in this regard can be taken only for immediate medical treatment.
4. The doctors will record the statement given by the patient's attendant, but it is the doctor to have it diagnosed.
5. You are wrong.
6. It is burden on the person to prove their statement relying on the documentary evidences in their possession.
7. It depends on the circumstances especially if someone closer to her lodges a complaint about a suspicion over the death.
8. This aspect can be taken up before the court where a suit is filed for property dispute.
As far as your above questions all allegations need evidence to be proved in court. Yes approval is needed
1. The Indian Evidence Act is the appropriate law.
2. A guardian/custodian for Meena needs to be appointed by court to look after her assets.
3. They could be restrained from doing so by a court order.
4. Medical evidence is absolutely necessary. The court can order proper examination by a competent lawyer.
5. No, it is not correct.
6. The burden lies on the daughters to prover Meena is not of sound health.
7. and 8. Yes, Meena's close relative can very well lodge a criminal complaint against Meena's daughters.
1. The person who is is claiming that a person has Schizophrenia will have to produce the evidences for the same , however the court can call the a report from the medical expert to submit a report of his mental condition.
- Hence, the person who is claiming can move an application before the court to call a report from the medical board
2. Yes , it needs court order
3. She cannot take decision herself without having a medical report
4. Without a medical test , the Doctor cannot issue a medical report for that disease.
5. No , even a single doctor cannot declared that a person is having mental problem ,and it must be pass from a medical board
6. It needs documentary evidence
7. No ,however if there is evidence then FIR can be lodged even on a later stage
8. An FIR can be lodged against the daughter of Meena if there is evidence of cruelty on Meena , and further even she transfer the property to her relative then also it can be cancelled by the court.