Legal Question in Family Law in India
My father suffered a brain stroke in Jan'14 in Bhali, Kangra (his birth place). At that time he was rushed to a local private Hospital (Shree Balaji Hospital, Kangra) but his condition became worse in the next 2 days. The doctors there referred him to Chandigarh for further treatment and therefore, we shifted him to Fortis Mohali. After six days he was discharged from hospital. And his further treatment was being done in NCR. (He has a self-owned house in Gurgaon).
His right limbs were paralyzed and he was diagnosed with global Aphasia (disability to express by language). The treatment includes Physiotherapy, Occupational Therapy, Speech therapy and Ayurvedic Massages. All these advised treatments were ongoing in Gurgaon. As per the Doctor�s recommendation he was being treated at Medanta for regular ST, OT, PT and at Kerala Ayurvedic Clinic for Massages. Additionally, we had arranged a physiotherapist for home visits for evening sessions.
His last consultation was done by Dr. Arun Garg at Medanta Medicity, Gurgaon on (05/06/14). He was advised for a re-consultation after 45 days. For Speech Therapy, we did also consult at VIMHANS Neuro rehab and appointment was taken there, for thrice a week visit, starting 26th July '14.
My Grandfather, who was paralyzed for 12yrs, passed away on 5th July 2014, so we had to leave urgently (along with my father) to HP leaving treatments in between. Due to family rituals and last riots, his presence was required there for the next 15 days. I along with my younger sister went back to bring him to Gurgaon to continue the treatment. Now my mother along with my maternal uncles and aunties are not letting my father to leave the place, they want him to be treated in HP, where the facilities that are required for his recovery are not easily and readily available.�
They involved local police, so that my father could not be taken away without my mother's consent. Police tried to assess the situation there and also tried to make my mother understand about the treatment possibilities in the village and back there in Gurgaon. But my mother, under the influence of my maternal uncles, refused to leave the village. My maternal uncles tortured me and my younger sister (both mentally & physically) for 3 days and continuously asked us to leave my father in the village.�
I wanted to bring all this to your notice to seek support & advise on any legal action that I can take against my mother & maternal uncles to safeguard my father�s health by providing him the recommended treatment here in Gurgaon.
I fear that my uncles may misuse the current medical condition of my father and influence my mother to take inappropriate decisions on my father�s property and other belongings. They have been threatening and abusing us in past since my father is unwell.
1 Answer from Attorneys
Dear client
Its possible that your uncle and mother may get some property transferred in their name by taking advantage of your father's condition. Their insistence on leaving the father there testifies to that fact. Also probably they don't your father to be completely cured.
Firstly, you have to tell me what kind of property your father has: self acquired or ancestral.
Secondly, for forcing them to let you take your father to Gurgaon, you need to immediately file a suit for direction wherein you need to convince the court about the urgency of the matter. Rest can be discussed.
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