Legal Question in Family Law in India

Am I legally bound to look after my father?

I am eldest of the three siblings, I have a sister who is married & then a brother youngest of the lot. I used to stay away from home due to my service & now have sought voluntary retirement. My mother has passed away more than a year ago. Our ancestral home in which my father lives is a joint property of my father with his brothers who are no longer alive. Now my younger brother has forced my father to give a part of the property which is in my father�s share to him. My younger sister has feigned to look after my father in his last days & transferred most of his cash balance in her name. My father was in belief that he would sell the remaining share of property and move to his daughter�s place.

Due to all these dirty politics, I preferred to stay away from home. I now live in a two room flat & I have a college going daughter. My financial position is also not so strong to help him either financially or keep him at my place.

Now my question is as my younger brother has been given a part of the property & my sister cash balance. How much do they owe to have the welfare of my old father? Are they legally bound to do so? Or in spite of being deprived of all the things I too am legally bound to look after my old father.


Asked on 2/02/08, 9:45 pm

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Am I legally bound to look after my father?

Hi

Caring for you old and dependent parent is not only a moral duty but also a LEGAL requirement.

irrespective of disposal of his movable and immovable properties by your father in whatsoever manner, his children are liable to maintain him;

burden to provide maintenance is upon all those who are earning; and court may fix the quantum depending upon income of each person;

law apart, you should consider it a privilege to provide living for your old and infirm father; it is a life time opportunity which all of cannot get even we so desire;

consider serving him with best of your ability and capacity; and you shall surely be rewarded.

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Answered on 2/04/08, 12:45 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Am I legally bound to look after my father?

TAlking morally yes you are bound to look after your father.

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Answered on 2/03/08, 3:52 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Am I legally bound to look after my father?

Legally all children whose parents are dependant on them are liable to look after their parents especially in the old age.

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Answered on 2/03/08, 7:56 am
G. M. Gupta gmguptaandassociates

Re: Am I legally bound to look after my father?

all you sons are liable to look after the parents. the share may be equal or as per ur financial conditions.... it depends.

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Answered on 2/03/08, 10:43 am

Re: Am I legally bound to look after my father?

Children are legally and morally bound to look after their parents,so you are also bound to do so.It is immaterial to any interest in property or not.

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Answered on 2/03/08, 11:29 am
Nandita Haldipur Haldipur Associates

Re: Am I legally bound to look after my father?

all the childredn are legally bound to look after thier parents

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Answered on 2/03/08, 10:44 pm


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