Community › Forums › Legal Advice India › Are my retired parents entitled to my unemployed sister’s money?
- This topic has 31 replies, 12 voices, and was last updated 1 year, 5 months ago by
User_11786bc0.
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UUser_11786bc0
PARTICIPANT
January 13, 2025 at 7:19 amBoth my mother and father are retired employees who have worked for 30+ years in government and private sector respectively, in considerable positions. They now have a monthly income of around 60k in pension and rent. I am a student and support them financially with my scholarship when extra expenses arise. My sister used to do the same when she was employed, but she’s now chosen to become a stay-at-home parent.
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The relationship between my sister and my father has always been rough, and he has a history of repeated domestic violence and continued emotional abuse. My father is now tormenting my sister, asking her to pay for household appliances and expenses, claiming that she is required by law to financially support them. This has made me curious whether he actually has any grounds for this. My mother has pension, and my father has a house and two rental shops to his name. Does his argument have any legal ground?
Thank you in advance. -
FFierceanirudh9723
PARTICIPANT
January 13, 2025 at 7:21 amParents can’t be abandoned. But if they have financial means and regular income then they can’t demand money from children for luxuries.-
UUser_11786bc0
OP
January 13, 2025 at 7:29 amI have made it very clear to them that I am willing to support them till the end of their years. I have also expressed that I will buy the said appliances once I get a job. I also have savings from my scholarship that we can use in the interim.
All this was to prevent my father from demanding money from my sister. But he insists that he needs the money from her specifically, stating that she has not provided for the family in the last few years.
My sister has made it clear that she will financially support them through medical emergencies (They also have medical insurance), but doesn’t have the means to randomly give him money on demand. -
UUser_11786bc0
OP
January 13, 2025 at 7:45 amAlso, thank you. I appreciate your help. -
HHappyshark9538
PARTICIPANT
January 13, 2025 at 8:46 amWho says parents can’t be abandoned? There is a choice and there is no legal obligation. One can take care of them as a choice.-
FFierceanirudh9723
PARTICIPANT
January 13, 2025 at 9:22 amInteresting, have read about cases in newspaper where Parents have taken the children to court for maintenance and won.-
HHappyshark9538
PARTICIPANT
January 13, 2025 at 9:23 amIf that’s the case it’s an appalling justice system.
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UUser_11786bc0
OP
January 13, 2025 at 11:44 amI mean I understand why there are laws like those in place. Many children abandon their aged parents after getting custody their property. That’s just disgusting. But I do believe that parents should not be entitled to their children’s money, just like how children shouldn’t be entitled to their parents’ wealth after becoming adults. I totally get what you mean though.-
HHappyshark9538
PARTICIPANT
January 13, 2025 at 11:46 amNothing worse than parents who have kids as an insurance policy for retirement.-
UUser_11786bc0
OP
January 13, 2025 at 11:48 amMost people have kids for exactly just this.-
HHappyshark9538
PARTICIPANT
January 13, 2025 at 11:49 amIn India you mean.-
UUser_11786bc0
OP
January 13, 2025 at 11:55 amYup. It’s such a ridiculous situation.
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PProankit8173
PARTICIPANT
January 13, 2025 at 7:25 amYou, a mere student, support them with your scholarship? What did I just read. I’m so sorry for you and your sister I hope you’ll find a way.The chances of your parents being able to demand maintenance from your unemployed sister are very low even if she’s sued by the parents (the parents do have a ground for seeking maintenance from children), cause the court will consider her financial capacity, but I hope this issue is resolved before ever reaching the courts. You should stand your ground too and not pay them money unless it’s for really necessary expenses, and just use your scholarship for what it’s meant.
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UUser_11786bc0
OP
January 13, 2025 at 7:39 amThank you for your words. I don’t think they will take her to court, but my father is definitely going to use this law to emotionally blackmail my sister. I wanted her to have some arguments to defend herself when this happens.
The emotional stress this is causing my sister is heartbreaking. She had sent them large portions of her salary when she was employed, and my father is pissed off that he’s not getting anything anymore.-
PProankit8173
PARTICIPANT
January 13, 2025 at 7:44 amIf he wants to emotionally blackmail her, he’d do it without any legal reasoning.She’s doing the right thing, judging from the limited facts that have been stated. Make sure you don’t put them in the same habit of sending a lot of your own money cause then they’ll always expect that from you too.
I understand that they brought you two up and gave you education and everything but that’s honestly the least parents can do for kids, and you have a responsibility towards them too but you don’t have to compromise on your own savings for your future (you two have whole life in front of you, you need to save for your own future emergencies) for their unreasonable demands. Good luck.
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HHarishguy315
PARTICIPANT
January 13, 2025 at 7:38 amNo, your father does not have any legal grounds to force your sister to provide financial support, especially considering the circumstances youโve described. Under Indian law, specifically the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents can claim maintenance from their children if they are unable to meet their basic needs. However, in this case, your parents already have sufficient income from their pensions and rental properties, which likely disqualifies them from claiming maintenance.Additionally, given the history of abuse, your sisterโs refusal to provide financial support could be seen as justified. The law does not obligate children to pay back or compensate parents in such situations, particularly when the parents are financially stable. Based on what youโve shared, it seems your fatherโs demands are not supported by law.
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UUser_11786bc0
OP
January 13, 2025 at 7:41 amThank you so much for clarifying.
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UUser_5bbdbc77
PARTICIPANT
January 13, 2025 at 7:41 amDude 60k is enough to sustain a family of 3. Given that health issues are covered through employer benefit.
Why do your parents need more funds from your sister Even when they know she is no longer working.
Also if there are expenses they are not able to meet you should start working at the earliest as at EoD it’s both children’s responsibility to take care of parents. Your sister being married and unemployed may get some leniency but you will not. And for now ask your sister to cut off from parents she now has a different family to take care of and should not burden that family by putting additional financial burden of your parents.-
UUser_11786bc0
OP
January 13, 2025 at 7:53 amYes, I am hoping to get a job as soon as possible, as I would definitely be subjected to the same emotional torture if I don’t. I also never want to depend on them in any way in the future. As for my sister cutting them off, that would be difficult because our mother is stuck with my father. We both put up with our father’s behaviour almost entirely because we love our mother. But she’s definitely planning to go low contact, I think…
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LLuckykush8169
PARTICIPANT
January 13, 2025 at 7:46 amIf theya re getting pension, then you aren’t supporting them. They are greedy and extorting you.For someone who has worked for 30 yrs in govt and getting pension wont have money for tough times and will need money from your scholarship to support them?
Think about it?
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UUser_11786bc0
OP
January 13, 2025 at 8:03 amI know… They have definitely been financially irresponsible, and has managed to have no savings despite having great jobs. I personally don’t believe that children are entitled to their parents’ wealth, but I definitely expect them to have something stored away for themselves. We know we’re being extorted, but endure this mostly for our mother’s sake.
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WWisehawk3206
PARTICIPANT
January 13, 2025 at 8:25 amY -
PPronimesh3885
PARTICIPANT
January 13, 2025 at 8:27 amWow.. Such a crappy dad. And if he they were in “Considerable” Positions, how come their Pensions are so less? Both parents should have a good pension in hand.-
UUser_11786bc0
OP
January 13, 2025 at 9:04 amOnly mother has pension from her govt job, for which she gets around 55k per month. My father worked in the private sector and received a lump sum pension at the time of his retirement, which went mostly towards building their house and the rental space (for which he gets 5k per month). Both of them occassionally took large sums from their PFs. They did spend some of it for my sister’s wedding, but my sister also contributed significantly towards these expenses.
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UUser_43d648ba
PARTICIPANT
January 13, 2025 at 8:56 amNone of my business, but at least for the sake of her sanity, why doesn’t your sis move out?-
UUser_11786bc0
OP
January 13, 2025 at 9:05 amShe doesn’t permanently stay with them, this is just a visit. She stays with her own family.-
UUser_43d648ba
PARTICIPANT
January 13, 2025 at 9:17 amIn that case, for her own sanity, why does she have to keep contact with them? She is in no way legally bound to buy them anything.-
UUser_11786bc0
OP
January 13, 2025 at 9:22 amWe’re still a relatively tight-knit family. I know that sounds laughable, considering the history of abuse and fights, but it’s a really complicated situation, and there’s a lot of feelings involved. We’re also really close with our mother, who is very sweet and loving, despite not speaking up for us or herself.
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IIndianshivansh3984
PARTICIPANT
January 13, 2025 at 8:56 amu/ S4 Senior Citizens Act and S144 BNSS, children have an obligation towards their parents to maintain them. But this does not mean that the parent can extort their children in any manner. The main caveat is that the parent must not be able to maintain themselves with their own income.Here, as you have mentioned, the father and mother have pensions and rental income, so they could be said to have the means to maintain themselves.
Even if they did not, the maintenance covers only the basics and does not cover anything frivolous.-
UUser_11786bc0
OP
January 15, 2025 at 12:01 pmThank you for your help.
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UUser_c21d7ae8
PARTICIPANT
January 14, 2025 at 3:07 amDo you and your sister still live at home? Is your parents making you pay rent or help with utilities? If you are living at home they can ask you for rent money but they are not entitled to your or your sisters money.-
UUser_11786bc0
OP
January 15, 2025 at 12:00 pmNeither of us stay with them.
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