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MAINTENANCE AND WELFARE OF SENIOR CITIZENS ACT 2007 4 года назад


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MAINTENANCE AND WELFARE OF SENIOR CITIZENS ACT 2007

#oldage #old #love #elderly #seniorcare #seniorliving #life #family #healthcare #health #oldman #seniorcitizen #eldercare #elders #photography #care #elderlycare #covid #india #aging #age #retirement #homehealthcare #smile #oldwoman #photooftheday #oldagehome #support #art #bhfyp Who is eligible for the maintenance under this act?? • 60 years or above---Unable to maintain himself from his own earning or out of the property owned by him is entitled to maintenance. • “Parent”--- (biological, Step Father or Step Mother, adoptive as the case may be whether or not father or mother is a senior citizen) Unable to maintain himself from his own earning or out of the property owned by him is entitled to maintenance. • Bothe biological and adoptive parents are included in the definition • If the person is incapable then, by any other person or organization authorized by him • Or Tribunal can take Cognizance Suo Motu. Definition of property under this act: • Movable • Immovable • Ancestral • Self Acquired • Tangible • Intangible • Maintenance Meaning of Maintenance of under this act • Things needed for bare survival i.e, Food Clothing and Shelter • Medical Attendance and Treatment Against Whom the Maintenance can be claimed • Children • Grand Children • Not Against the Minor • Against a Relative (In case of Childless Senior)----A legal heir who is in possession of or would inherit your property after your death. Definition of Children Includes : - • Son • Daughter • Grand Son • Grand Daughter • But Does not include a Minor Application for the Maintenance shall be made to the Tribunal of the respective state The list and the location of the tribunal can be searched on the google By typing “maintenance tribunal for senior citizens” PROCEDURE Filing Maintenance Plea in front of the “Tribunal” ( can take suo motu cognizance too without an application) • Application can be filed in either in the tribunal located in the area where you reside or your children or legal heir reside • Can be filed under either under section 125 Cr. PC or This Act • Notice will be sent to the Children or the legal Heir • Tribunal has a power of Judicial Magistrate of First Class to secure the presence of the Children or the legal Heir against whom the application is filed. • Before Hearing the application The tribunal may refer the same to the Conciliation officer and he shall submit his findings within one month and if amicable settlement has been arrived at, the Tribunal shall pass an order to that effect. • No Party to a proceeding shall be presented by a legal practitioner • Tribunal will determine the maintenance • Interim Maintenance, Time Limit 90 days from the date when the application was filed. *Conciliation Officer ----Either Maintenance Officers Designated by State Government or any other other person Nominated by the tribunal for this purpose.. or as prescribed under this act. Special Provisions of this Act: • Appellate Tribunal ---- Option to Appeal is available under this act. • Civil Courts are barred, only tribunals can look into these matters (if a case has been filed under this act). • Enforcement – If an order has been passed in the place of your residence the Tribunal located in the legal heir or Children location will be responsible to enforce the orders passed by your tribunal. • Property ----If you have transferred the property to a legal heir or children in a good faith that they will maintain you in old age and they refuse to do so, the Tribunal has authority to declare such transfer as VOID. For more such Videos please Subscribe to my Channel. Also, for any questions and queries :- [email protected] Please follow me on Facebook too:-   / advjayashewa   Follow me on Instagram   / jayashewa   you can also watch my video on    • PROVISION OF LAW FOR VIOLENCE AGAINST...  

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