Legal Question in Family Law in India

What are the legal obligations of a child to their parents (age 75+)? If a parent has a son and daughter, both educated, are both equally responsible? Legal Scope : India 2016 and later. Background:

Daughter got 50% of jewelery, a good edu and marriage expenses were borne by family too. No land as parents were not able to buy any. They tried but that ended in legal wrangles and finally got nothing. Some ancestral land was sold for hospital bills years ago by father.

Dad had health issues last 5 years. Now the son finding it difficult to look after him.

Want to put him in a home. Willing to pay 10k a month and sister pays equal. She says no she will complain to police that abandoning him.

What is the definition of abandoning and what are the duties of a daughter? Are they less if there is a son? Her lifestyle is great. but don�t want her to spend more than 50%. Just feel that is just and find it difficult to spend more as have a child, home loans and a personal loan.

Humane angle - sure looking after at home might seem the best but not always possible.

Done some research and gone to a few homes but want to know more before pay a deposit in one. More interested in the legal angle?


Asked on 7/08/16, 12:20 am

1 Answer from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

1) As per Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it is a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance.

2) Children- Include son, daughter, grandson, grand daughter but does not include a minor.

3) Even though the application can be filed against any of children/ relative as the case may be, such respondent-children/ relative can implead other person who are liable to pay maintenance.

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Answered on 7/08/16, 1:41 am


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