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 (91 years old) and Mrs.X (85 years old) approached me through their relative Mr.Y. Four years ago, they had transferred their ancestral village property to their daughter-in-law Mrs.Z through a gift deed, trusting their son Mr.Z and his wife. They also handed over control of their jewelry and bank locker keys to the same couple. Currently living in a rented accommodation, the elderly couple was facing severe mental and physical torture from Mr.Z and Mrs.Z, who were pressuring them to leave their current residence and go live with their daughter in another city. The son and daughter-in-law had taken complete control of their assets but were refusing to provide proper care, accommodation, or financial support to the senior citizens, violating both moral and legal obligations.

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 all instances of torture, harassment, or neglect with dates and witnesses
• Gather all property documents, gift deeds, and financial records showing asset transfers
• File complaint under Maintenance and Welfare of Parents and Senior Citizens Act immediately
• Consider approaching Senior Citizens Tribunal for quick relief and maintenance orders

Applicable Sections of Law

This case involves multiple legal provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 115 BNS covers voluntarily causing hurt, while Section 351 addresses criminal intimidation against elderly persons. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 specifically addresses such situations. Additionally, Section 125 of BNSS provides for maintenance proceedings, and if property was transferred under coercion or undue influence, provisions relating to fraud under Section 318 BNS may apply. The Protection of Women from Domestic Violence Act may also be relevant for elderly women facing abuse.

If You Are the Complainant

• File complaint with local police under BNS sections for torture and criminal intimidation
• Simultaneously approach Senior Citizens Tribunal under Maintenance Act for maintenance order
• Gather medical records showing impact of torture or neglect on health
• Collect witness statements from neighbors, relatives, or domestic help who observed the torture
• Document financial dependency and lack of support being provided by children

If You Are the Victim

• Immediately seek safe accommodation with trusted relatives or friends if possible
• Contact police helpline or women’s helpline for immediate protection
• Preserve all medical evidence of physical or mental trauma caused by torture
• Keep copies of property documents and evidence of asset transfers in safe location
• Approach local NGOs working for senior citizens’ rights for support and guidance

How the Police Behave in Such Cases

Police typically treat senior citizen torture cases seriously, especially when there’s clear evidence of physical abuse or criminal intimidation. They usually register FIR under relevant BNS sections and may arrest the accused if torture is severe. However, in property-related disputes, police often suggest civil remedies. They generally conduct thorough investigation including recording statements of elderly victims, medical examination if required, and gathering evidence of financial exploitation or property grabbing by family members.

FAQs People Normally Have

Can gifted property be recovered? Yes, if gift was made under coercion, undue influence, or fraud, it can be challenged in court.

What if children refuse to provide maintenance? Senior Citizens Tribunal can pass binding maintenance order with monthly allowance and accommodation.

Is torture by family members a criminal offense? Yes, physical and mental torture of senior citizens attracts criminal charges under BNS.

How long does tribunal take for maintenance order? Usually 3-6 months for final order, but interim relief can be granted quickly.

What Evidence Is Required?

• Medical reports showing injuries or health deterioration due to torture
• Witness statements from neighbors, relatives, or domestic help
• Property documents and gift deeds showing asset transfers
• Bank statements and financial records proving financial dependency
• Audio or video recordings of threats or abuse if available
• Written communications or messages showing harassment
• Police complaints or medical treatment records related to torture

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months for gathering evidence, recording statements, and filing chargesheet. Senior Citizens Tribunal proceedings are faster, usually concluding within 3-6 months. Civil suits for property recovery may take 1-2 years. However, interim protection and maintenance orders can be obtained within few weeks of filing complaint, ensuring immediate relief for elderly victims.

Advocate Sudhir Rao, Supreme Court of India