One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me after his grandfather passed away in DD/MM/YYYY. His grandmother was living with Mr.X’s family in the ancestral house, and they were providing complete care and financial support. Since her pension was not yet accessible, Mr.X’s retired father was covering all expenses from his own pension. The grandmother was content with their care. However, Mr.X’s paternal aunts began creating problems, constantly interfering in the household matters, questioning the care provided, and making demands regarding the property. They would visit frequently, create scenes, disturb the grandmother’s peace, and threaten legal action to gain control of the property and the elderly woman’s care. The harassment escalated when they started spreading false rumors in the community about neglect and demanded access to all financial records and property documents.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document every incident of harassment with dates, witnesses, and evidence. Maintain detailed records of all expenses incurred for grandmother’s care including medical bills, daily necessities, and household expenses. Get a written statement from the grandmother expressing her satisfaction with current care arrangements and her preference to stay with your family. Install CCTV cameras at home entrance to record any unruly behavior during visits.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 addresses criminal intimidation, Section 352 covers intentional insult with intent to provoke breach of peace, and Section 115 deals with voluntarily causing hurt. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 allows for complaints regarding harassment. Additionally, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects elderly persons from harassment and ensures their right to choose their residence and caregivers.

If You Are the Complainant

• File a written complaint at the local police station detailing each incident of harassment with specific dates and circumstances
• Approach the Additional Chief Metropolitan Magistrate under Section 212 BNSS seeking protection from harassment
• Apply for a restraining order preventing the harassers from visiting your residence without permission
• Submit medical certificates and care records proving proper care of the elderly person
• Get character certificates from neighbors and community members supporting your caregiving

If You Are the Victim

• Document all harassment incidents immediately after they occur with photographic or video evidence if possible
• Inform local police about the ongoing harassment and seek their intervention for immediate protection
• Contact elderly helpline numbers for guidance and support in dealing with family disputes
• Keep all medical records and care documentation readily available to prove proper treatment
• Maintain a daily diary of care activities and expenses to counter any false allegations of neglect

How the Police Behave in Such Cases

Police typically treat such matters as family disputes initially and may attempt mediation. They often advise parties to resolve issues amicably within the family. However, when harassment is documented with evidence, they are obligated to register complaints under relevant sections. Police may conduct inquiry into the living conditions of the elderly person and interview all parties involved before taking formal action.

FAQs People Normally Have

Can relatives force me to hand over care of elderly family member? No, if the elderly person is happy and well-cared for, and has expressed preference to stay with you, relatives cannot legally force a change.

What if they claim property rights? Property disputes are separate from elder care issues and must be resolved through civil courts with proper documentation.

Can they enter my house anytime? No, you have right to refuse entry to anyone who creates disturbance, including relatives.

Is recording their behavior legal? Yes, recording in your own property for security purposes is legal and can serve as evidence.

What Evidence Is Required?

• Written complaint with detailed chronology of harassment incidents
• Video/audio recordings of threatening behavior or verbal abuse
• Medical records showing proper care and health status of elderly person
• Financial records of expenses incurred for elderly person’s care
• Witness statements from neighbors, domestic help, or visitors
• Written statement from elderly person expressing satisfaction with current care
• Property ownership documents to establish legal residence rights

How Long Will the Investigation Take?

Investigation typically takes 2-3 months depending on complexity and cooperation of parties. Police inquiry into living conditions may be completed within 15-30 days. Court proceedings for restraining orders can take 1-2 months. Resolution through mediation, if attempted, may conclude within 4-6 weeks with mutual consent.

Advocate Sudhir Rao, Supreme Court of India