LAWS OF SENIOR CITIZENS
Considering the lack of physical, social, emotional and financial support to parents and the elders of the family in the recent times the government of India has enacted laws for Welfare of parents and senior citizens.The act is an inexpensive mechanism for the protection of life and property of the older persons. A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, is entitled to get relief under this Act. The parents/ senior citizen can file an application before the Tribunal, claiming maintenance and other reliefs from their children/relatives as the case may be. The Act makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. The first case under the act was filed by Siluvai (age 84) and his wife Arulammal (age 80) of Tuticorin against their son and daughter-in-law for neglect and taking away their two homes and gold jewellery.
Points to be noted:
- Senior citizen- means an Indian who attained the age of 60 years or above
- Parent- means father or mother whether biological, adoptive or step father or step mother, whether or not father or mother is a senior citizen
- Maintenance includes provision for food, clothing, residence, medical attendance and treatment
- Children include son, daughter, grandson, grand-daughter but does not include a minor
- An application for can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organisation authorised by him. After receiving the application, the Tribunal may issue notice to the respondent-children/relative and provide them time to furnish their reply. Such application for maintenance should be disposed of within 90 days from the date of service of notice of application to the respondent. However, the Tribunal can extend time in exceptional circumstances after recording reason.
- A senior citizen who has transferred his property either moveable or immovable, by way of gift or otherwise to his children or relative and thereafter the child or relative refuses to look after the Senior Citizen/parent; the transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the appropriate court can declare such transfer as void and the property can be reclaimed.
- Abandoning a senior citizen in any place by a person who is having the care or protection of such senior citizen is a criminal offence and such person shall be punishable with imprisonment for a term which may extend to three months or fine which may extend to five thousand rupees or both.
Legal Help NRI offers a wide range of services related to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and other land and property matters for Non-Resident Indians (NRIs). Here are the key services they provide in context with the welfare of parents and senior citizens:
Legal Assistance for Maintenance Claims:
- Filing Applications: Legal Help NRI assists senior citizens or parents in filing applications before the Tribunal for claiming maintenance from their children or relatives.
- Legal Representation: They represent clients in legal proceedings, ensuring that all necessary documents are submitted and the case is properly presented before the Tribunal.
- Dispute Resolution: They help resolve disputes related to the non-payment of maintenance by children or heirs, providing effective legal solutions to recover the dues.
Protection of Property Rights:
- Property Reclamation: Legal Help NRI offers assistance in cases where a senior citizen has transferred property (moveable or immovable) to children or relatives, but they fail to provide the agreed maintenance. They help get such transfers declared void and assist in reclaiming the property.
- Fraudulent Transfers: In cases where property is transferred under fraud, coercion, or undue influence, the legal team helps senior citizens challenge such transfers and reclaim their rights to the property.
- Legal Assistance in Property Disputes: They also handle property disputes, ensuring that the rights of senior citizens are protected if there is any attempt to usurp their property by family members or others.
Legal Support for Abandonment Cases:
- Abandonment Cases: If a senior citizen is abandoned by a relative or child, Legal Help NRI provides legal support to file a criminal complaint under the relevant provisions of the Act. They ensure that the person responsible for abandonment is punished according to the law.
Legal Advice for NRI Senior Citizens:
- Guidance for NRIs: Legal Help NRI offers specialized advice to NRIs who wish to provide maintenance to their parents or senior citizens in India or are facing challenges related to this. They ensure that NRIs comply with local laws to protect their elderly relatives.
- Transfer of Property: For NRIs, the team offers guidance on property transfer issues, ensuring that the transfer is done properly to avoid future conflicts or legal complications under the Act.
Legal Services for Other Welfare Concerns:
- Emergency Legal Assistance: In case of urgent welfare issues, such as medical care, housing, or financial support, Legal Help NRI provides quick legal solutions to ensure that elderly parents and senior citizens are well taken care of.
Tribunal Application Process Assistance:
- Filing and Tracking of Applications: They assist in filing applications for maintenance before the Tribunal and track the progress to ensure timely resolution. They also help with necessary follow-ups to ensure that the legal process is followed correctly and expeditiously.
Protection Against Abuse or Neglect:
- Abuse Cases: If senior citizens are being abused, neglected, or mistreated by their children or relatives, Legal Help NRI provides comprehensive legal help, including filing complaints, obtaining restraining orders, and taking legal actions to stop the abuse.
Support for NRIs in Providing for Elderly Relatives in India:
- Legal Framework: Legal Help NRI advises NRIs on the legal framework for supporting their elderly parents or relatives living in India, including options for maintenance and property protection under the Act.
By offering these specialized services, Legal Help NRI ensures that both NRIs and their elderly parents in India are legally protected, their rights are upheld, and they receive the necessary support and maintenance, as prescribed by the law.
