Children have legal obligation to look after parents, irrespective of any share in their property: MP HC

Bhopal/Jabalpur: MP high court dismissed a petition filed by a person challenging the executive magistrate's order to share the amount of maintenance for his mother with his three brothers on the ground that his mother gave her property to the three, but he didn't get any share in it.
"Whether they get a share of the property of the parents or not, it's the duty of children to look after their parents," said Justice G S Ahluwalia while rejecting the plea.
A resident of Naringhpur district, Govind Lodhi, in his petition, said that his mother, Halki Bai, had moved an application before the court of SDM for maintenance from her children under the Maintenance & Welfare of Parents and Senior Citizens Act, 2007. SDM ordered each of her four sons to five Rs 4,000 per month to her as maintenance. Lodhi had appealed against the SDM order before the ADM, who reduced the amount to Rs 2,000 per month for each sibling.
The petition submits that Halki Bai, in her maintenance application, said that her sons had assured to take care of her and therefore she handed over her property to them through separate sale deeds. But they didn't keep their promise, thereby making her come to court for maintenance.
Lodhi argues that his mother had not given him an inch of the eight-acre land. The land was distributed among his three brothers; therefore, he should be exempted from contributing money for her maintenance, the petitioner said. He also referred to his poor economic condition to support his prayer for exemption.
Justice G S Ahluwalia, however, dismissed the petition, saying that the responsibility to look after parents doesn't depend on whether a person gets any property or assets from his parents. It is the moral responsibility of children to look after their parents, irrespective of what they get from them.
If the petitioner is not happy at being denied a share of land, he can file a civil suit to get his share, but he can't escape the responsibility to give money for the maintenance of his mother, the court said.