Community › Forums › Legal Advice India › Financial control of elderly
- This topic has 2 replies, 2 voices, and was last updated 1 year, 3 months ago by
Cleversomesh5539.
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CCleversomesh5539
PARTICIPANT
March 3, 2025 at 6:43 amHi, My father had left decent money for my Mother that is his hard earned money. My sister who lived in the same city (rest are abroad) consolidated them after his passing and as been unilaterally managing it for the last nearly 10 yrs as my mother is not financially savvy. None of us bothered ‘coz she lived with this sibling. However relationships have soured now and my mother is has been having very difficult time. We want to get her out of this situation and set her up comfortably with the money that is hers.However my sibling hasnt been communicative and we do not know how much of her money is still intact. My mother does have access to some papers. There is also a chance sister may claim it was all her money ‘coz we did not formally make any paper trail. Good chunk of it is in my mother’s name, some with sibling as joint account holder. It also appears she has taken out money time to time and used it herself.
All we have is a list of my father’s accounts (now all deactivated) with balances and nomination at the time of my father’s passing created on a sheet of paper and some text messages about how it was consolidated.
If she refuses to co-operate and if she has spent that money what are our options to take control of my mothers money?
Appreciate any help on how to be prepared for this situation.
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HHappyshark11
PARTICIPANT
March 3, 2025 at 7:46 amWhy do you not take responsibility for caring for your mother? It is easy to blame others while not doing anything yourself.If your mother is a senior citizen or is unable to maintain herself, she has the legal right to claim maintenance from her children. She can file a case under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Additionally, past property transfers to children can be nullified, and the property can be returned to the parents if the children fail to take care of their parents.
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CCleversomesh5539
OP
March 3, 2025 at 2:36 pmThat is exactly the question to get the money back what proofs do we need? Or will the proof we have be sufficient?
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