The Maintenance and Welfare of Parents and Senior Citizen Act, 2007

Today we see a lot of aged people being neglected by their family. They are not treated even with basic human courtesy. I heard someone once say that "a mother does not find it difficult to care for even 10 children,  but all those 10 children put together sometimes find it difficult to look after their one mother." Maybe it is true in today's scenario. Why should these senior citizens or silver citizens as they should rightly be called, treated so badly. Don't they have the right to be treated with respect after fighting all their lives to give their children everything that they had. 

It's in their interest that the legislation called 'The Maintenance and Welfare of Parents and Senior Citizen Act, 2007' came to be passed. A lot of people are not aware of this law. Thus this blog.

This Act provides for the maintenance of parents and senior citizens. The main features of this Act are as follows:-

1. Parents, even below the age of 60 years, and grand parents who are unable to maintain themselves from their own income can demand maintenance from their children as defined in the Act and Childless Senior Citizens who are unable to maintain themselves from their own income can demand maintenance from their relatives who are in possession of or are likely to inherit their property.

2. Maintenance includes provision for food, clothing, residence, medical attendance and treatment. Maximum amount which may be ordered for maintenance of a senior citizen by the Tribunal shall be such as prescribed by the State Government which shall not exceed Rs. 10,000/- per month.

3. The application for maintenance may be made by the senior citizen or parent to the Maintenance Tribunal in layperson's language giving names, full details and addresses of the persons from whom they are demanding maintenance. If there is more than one child or relative, they may claim maintenance from one or all of them depending on their means of income.

4. If such applicants are not capable of making an application personally, any other person or registered voluntary organisation authorised by him/her can make the application; or the Tribunal can take suo motu cognizance and proceed. 

5. On receiving the application, the Tribunal issues notices to the children, conducts hearings, takes evidence and orders maintenance. The Tribunal may also refer the case for reconciliation or pass interim orders for maintenance.

6. If the children or relatives, fail to pay the maintenance that is ordered, without sufficient reason for 3 months after its due date, the senior citizen can approach the Tribunal again who may impose a fine or order imprisonment of the child/relative upto a month or until payment is made whichever is earlier.

7. Under Section 24 of the Act, if anybody who has responsibility for the care or protection of a senior citizen leaves him/her in any place, with the intention of wholly abandoning him/her, such person shall be punishable under the Act with imprisonment of either three months or fine upto Rs. 5,000 or both. 

8. Under Section 23 of the Act, if after commencement of the Act any Parents or senior citizens have transferred their property to their children or relatives on the condition that they would provide certain maintenance and amenities to the senior citizen but subsequently neglect or refuse to do so, the parents or senior citizens can get such transfers cancelled at their option by having such transfer treated as a fraudulent or coercive acquisition and seek return of their property so transferred.

9. Lawyers are excluded from the proceedings. Maintenance Officer can represent a parent or senior citizen if he/she wants.

10. Elderly can choose to seek maintenance either under this Act or under the provisions of the Criminal Procedure Code 1973 if applicable but not under both the provisions. 

11. State Governments should set up at least one Old Age Home for every 150 beneficiaries in a district. These homes are to provide Senior Citizens with minimum facilities such as food, clothing and recreational activities.

12. All Government hospitals or those funded by the Government must provide beds for Senior Citizens as far as possible. Also, special queues to access medical facilities should be arranged for them.

Sources for further information and details about this Act.

Bare Act.

http://dc-siwan.bih.nic.in/senior_citizens_act.pdf

For understanding the Act in simple words.

http://www.helpageindiaprogramme.org/other/Brochures/Senior_Citizen_Act_Summary_Folder.pdf

Contact information for senior citizens of Karnataka.

Dept. for the Empowerment of Differently Abled and Senior Citizens. 

Podium Block, Vishveswaraiah Tower,

Dr. Ambedkar Road, Bangalore-560 001

Telephone: 080-22860907, 22866046

Fax: 080-22866066

Email:dir-dwdsc-ka@nic.in

Website: http://welfareofdisabled.kar.nic.in/schemes_state_senior_citizen

The National Portal of India has a Senior Citizen Corner which offers information of special help to older persons in the country.

Website: http://india.gov.in/topics/social-development/senior-citizens

Documents relating to Title scrutiny and their meaning in respect to agricultural land

Before a person purchases an immovable property there are a lot of documents that needs to be looked into in order to verify and establish the title and ownership of the seller. In Karnataka there are so many different documents and it is important to know what exactly these documents are. To a layman all these documents can be foreign. 

The law that governs immovable property through out India is the Transfer of Property Act, 1882. Other than this, the State legislations have to be taken into consideration to verify the title to a property claimed by its owner. I am going to limit the explanation to the documents we have in Karnataka. There are a few documents that are unique to a particular kind of property i.e.,the kind of properties being agricultural land, urban land, residential sites and apartments. Here I will deal only with documents relating to agricultural property.

The title to a property can be conferred on a person by various means, for example, by way of sale, gift, succession etc. Thus a title deed is a legal document that proves how the person has come to acquire the right of ownership over that property. 

Documents in relation to agricultural land.

A.  Mother Deed

Mother deed can take the form of any of the following documents, like a gift deed, partition deed, sale deed, settlement deed, court decree, grant by the government etc. It enables one to trace the ownership of the land and the flow of title to the property upto the present owner.

B.   Encumbrance Certificate

It reflects the encumbrance on the property (if any) like mortgage, lien, charge etc. It further discloses the title of documents registered in respect of the property, the parties to the deed, the registered number of the document, the Book Number, volume and pages.  It is issued in Form No.15/16 from the office of the Sub-Registrar exercising relevant jurisdiction over the property in question.

C.  Record of rights, tenancy and crop inspection (RTC) or Phani

This document contains details about Survey Number, Sub Survey Number, 

the extent of Kharab land, if any, nature of soil. It mentions the name of the cultivator, the year and the crop grown and the extent thereon, existence of the trees in the property. It shows the place where the land in question is situated.

It also contains names of present and past owners and their respective holdings, names of tenants. It has an encumbrance column which shows the encumbrance over the property, i.e.,  any mortgage or charge on the property, the status of land i.e., if it is Inam land or not, if the land is converted from agricultural to non-agricultural purpose, the RTC will reflect the Conversion Order number and date of conversion and if there has been change in ownership it will reflect mutation and inheritance certificates. This document is issued by the village accountant.

D.    Mutation Extract

It contains the extract from the mutation register or inheritance certificate with details of the present and previous owners, the mode in which property was acquired, the extent of the land and the order stating that Khatha can be transferred in the name of present owner. It is issued by the Village Accountant or Tahsildar.

E.  Record of Rights and Index of Land Extract

It contains details regarding the owners of the land and details about the land. These documents are not issued by the revenue authorities anymore.

F.   Patta Book

A Patta book contains information in respect to the payment of land revenue and other Government dues and information regarding cultivation and areas of crop sown in it. 

F. Family Tree or Vamshavriksha

It indicates the genealogical tree in the form of a flow chart. It shows the names and age of the family members, the present and past owners of the land and also indicates whether the members are living or dead. This ensures further that all the claimants to the property are identified. It is certified by the Village Accountant or the Revenue Inspector

G.  Akarbandh

It is a sketch which is issued by the Survey Department. It shows the survey number, total extent of the land, the boundaries and classification of the land and also the revenue assessment details.

I.  Hissa Tippani Book Extract

This document is a survey record issued by the Assistant Director of Land Records. it shows the sketch of the entire survey number, its total area of the survey number, the extent of kharab land and net cultivable area along with its bifurcated portions and the names of owners of each sub-survey number and the relevant entry in the mutation registers pertaining to each owner.

J.   Tippani

It is issued by the Survey Department. It is a sketch of the property comprised in a single survey number without any bifurcations into sub survey numbers. It discloses the measurements of the property.

K.  Phodi Extract

Phodi means sub-divided fields. The phodi extract is issued by the Survey Department. It indicates the bifurcation made on a survey number into sub-survey numbers.

L.   Atlas copy

It is issued by the survey department. Atlas is also a sketch of the property in question issued in respect of any survey number after its bifurcation from a parent survey number.It discloses the measurements of the property.

M.   Saguvali chit

It is nothing but a grant certificate. It states to whom the grant is made and the conditions such grant is subjected to. It further states the rights and liabilities of the grantee and also the rights of the government. Is is issued only in case the land is a grant land.

N.   Village Map 

This is issued by the Survey Department. It indicates the map of the village in which the property in question is situated.

O.   Hudbust Register Extract 

It is a sketch issued by the Survey Department clearly showing the boundaries fixed on the land marked by boundary stones.

P.    Kharab Uttaru Extract 

It is a document issued by the Survey Department which indicates the extent of kharab land in the property in question and the classification of the kharab land as ‘A’ Kharab or ‘B’ Kharab.

Q.   Karda Copy

This document shows that the occupant or the eldest or principal of several joint occupants, whose name is entered in the Government records, as holding unalienated land, whether in person or by his co-occupant, tenant, agent, servant or other legal representatives.

R.  Form No. 7 and 7A Endorsements issued by the Tahsildar

The Tahsildar issues this endorsement stating that no tenancy claims have been filed in Form No.7 or 7A in respect of the property in question pending before the Land Tribunal constituted for this purpose.

S.    RR Balabagada Nakalu

The Assistant Director of Land Records issues this survey record showing the name of the owner, the total extent of land, the extent of kharab land and the net extent of land in respect of sub-survey number after the parent survey number has been bifurcated.

T.   79AB Endorsement issued by the Assistant Commissioner

It is an endorsement that contains a statement that there are no proceedings under Section 79A or B of the Karnataka Land Reforms Act, 1961, in respect of the property in question.

U.    P.T.C.L Endorsement

The Tahsildar issues this endorsement stating that no proceedings have been initiated against the present owner of the property under the provisions of the Karnataka Schedule Castes and Schedule Tribes (Prevention of Transfer of Certain Lands) Act, 1978.

Husband subject to cruelty by wife

Today is not about law or case studies. It's about speaking what's on my mind. My dad is in the process of shifting his office, and there were books all over. I chanced upon a book about 'Husband being subjected to cruelty by wife for divorce and maintenance'. It kicked off my curiosity and I picked up and kept it aside to have a read. My husband happened to see it, and passed all the comments he wanted to his heart's content about how true it was and poor him...etc, etc. We pulled each other's leg , the whole family joined in and had a good laugh, end of story, or so I thought.

The irony of it was, that the very next day when I was just having a casual chit chat with one of my family member, she told about this incident where someone known to her got beaten up badly by his wife. My immediate reaction, "What! Really, what did he do and was he so weak that he got beat up by his wife?" . I don't know if that would be only my reaction, or just a response any other person would have. What she told me further, was what disturbed me and got me thinking. She told me that the wife instigated him to beat her and infact wanted him to beat her up, she threatened to drag him to the police station the moment he dared to lay even his little finger on her. This couple have their issues, personal unto them. I am not judging who is right and who is not. But there are a few women who are misusing the law that is made to come to the rescue of those in trouble. 

I am a woman, speaking up against another woman, these women, who think they are having the law on their side, and that they can use it as they please. In reality, I am actually here to speak up for the women. You may question me, 'how is that?'. I'll tell you.

Usually, all of us have predetermined answers or reactions to a lot of situations in life. Like,

Situation 1:  Woman got beat up by her husband, 

Reaction: poor thing, must have been beaten up for dowry, or he must be having an affair, or he must be a drunkard.....so on and so forth.

Situation 2: Man got beat up by wife,

Reaction: may be he did something to deserve it, he must have done something wrong....

Why is it that we don't stop to think otherwise, may be there is something else behind it. I think it's time that we don't react this way. There are a few men out there who are genuinely harassed by their wife.  They don't come out with it in the open because they stop to think about what the others would say, and even if they do come forward, I do not think the society at this juncture is going to listen to Their woes. They are either branded as liars or weaklings. 

The reason I am talking on this subject is that these few women are actually doing something that is going to, in the long run, hurt other women who are genuinely going to need the law to be there for them. If few women go on misusing the law for getting back at their husbands for some personal reason which can be resolved otherwise, neither the law nor the society will be there to back up the women who really need help. Someday there might be a woman who comes knocking on the doors of justice and the reaction she may get is "she's lying, she must be wanting to just file a false complaint to get back at her husband". Its a question I want to pose to women, "do we really want to get there"? Why deprive another woman off the justice she deserves.  Hope we don't reach that juncture someday.

Women have been oppressed for centuries,   it took decades and decades of fighting to get a woman what she has today. To see these few women take all that away is unsettling. I can only ask off these women not to do it. This, only for the sake of the other women who may really need help of the law in the time of need. 

Extent of a child's claim over self acquired property of a parent.

Many people have questions whether they have a right to claim a share in the property that their father/mother has earned? 

You might wonder why I am blogging on this topic. I have chosen to write about this because  many a times a father or a mother struggle to make a small property of their own with their hard earned money. The children think that it is their birth right to stake their claim over such property and many of them force their parent/s to transfer the property to them, and this, without their free consent. Some parents are abused and harassed badly to transfer the property to their children, sometimes, plainly tricked. What makes such children think that they have a right over the self acquired property of the parents. I think that it's time to make known to such people that the self acquired property of a person is his to deal with in the manner he wishes. The children cannot force the parent to transfer such property to their name as a matter of right.

In the case of Kenchegowda v/s K.B. Krishnappa, ILR 2008 Kar 3453, it has been held that "No child, whether legitimate or illegitimate, acquires any right by birth in the separate or the self acquired property of its parents. They do not possess any antecedent title to such property. Right to such property accrues to them only on their parents dying intestate" (it means dying without writing a will). "It is the death of the parents and not the birth of the child which confers a right in such property. In respect of such property both the legitimate and illegitimate child succeed in accordance with the provisions of section 8 and 15 if the parents die intestate. It is only after such an event, a suit for partition can be maintained. Thus, no suit for partition could be filed against the parents during their lifetime in respect of separate or self acquired property of the parents."

Note: The sections 8 and 15 referred to in the above case are that of the Hindu Succession Act, 1956.

A Daughter's right to co-parcenary property in Karnataka.

It so happens that many a times I come across women asking me, either for themselves or for someone else what the recent law is about the woman's right to property. What she can claim and what she can't. This is a topic that is on the minds of many people now a days.

This topic needs to be broken down into parts to understand it well. The law as it was, the amendment and the exceptions.

The law as it was.

 In India the dayabhaga system prevails in Bengal and the mithakshara system in the rest of India. Prior to Hindu Succession Act, 1956, a daughter was not considered as a co-parcener ( one who shares equally with others in the inheritance in the estate of a common ancestor). Even after the passing of the Act, her position did not change because the Act did not deal with the devolution of interest in the co-parcenary property.

Section 6 of the Act (as amended by Act of 2005). 

This amendment brought about the change to the concept of co-parcenary.  Hitherto it was only the monopoly of male lineal descendants, consisting of only male members of a Hindu joint family. This amendment saw to it that a daughter was also accommodated.

This amendment conferred two rights:
1. The daughter of a co-parcener by birth became a co-parcener in her own right in the same manner as the son. Equality in status was conferred on her.
2. The next right was equal right in the co-parcenary property. The daughter of a co-parcener would have the same rights in the co-parcenary property, as she would have had, if she had been a son.

In simple words once she conferred with the right of being a co-parcener she automatically gets a right by birth in the co-parcenary property.

What needs to be observed here is that the intention of the parliament was not to give her rights in a co-parcenary property prior to the passing of this Act in 1956, as she then had only a limited right in the ancestral or self acquired property of her father. This amendment came into force on 9-9-2005, but she is given a right in the co-parcenary property from the date of the Act of 1956.

Exceptions.

This amendment is not applicable to:
1. A partition deed that is executed and duly registered under the Registration Act, 1908 before 20.12.2004, or

2. A partition effected by a decree of a court, before 20.12.2004, that is final decree for partition that has attained finality.

If there is no partition effected in either of the above ways before 20.12.2004, then a daughter of a co-parcener is entitled to equal share in the co-parcenary property as that of a son.

For more information please refer the reported judgement of the Hon'ble  High Court of Karnataka in the case of N.V. Pushpalatha v/s V. Padma, 2010 (2) PLD 367: ILR 2010 Kar 1484.

Time to give back

I am an advocate, but currently and primarily a mom to my 16 months old daughter. I gave up my job as a civil judge junior division for the sake of my family. I am not getting into practice anytime soon as my daughter requires my attention around the clock. I have been having ideas to do a lot of things, right from teaching to writing books, but that would not give me enough time with my daughter. Blogging seems to be the way. I want to give back what I learnt. Students always need help with some topics. Through my blogs I am going to discuss topics of law that the public and the students of law might find useful.