If your parents in India are being neglected, pressured for their property or pushed out of their home, you can act from Australia. On the parent's authorisation, an application is filed before the Maintenance Tribunal under the Senior Citizens Act for maintenance, eviction of the abusive relative or cancellation of a transfer made on a promise of care. The procedure is summary and usually takes months, not years.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Handled in India at
- Maintenance Tribunal and civil court
- Travel to India
- None for you
How it works from Australia
We speak to your parent first, by phone or in person, to understand what they want; nothing is filed against their wishes. Immediate steps may include a complaint to the police senior-citizen cell, instructions to the bank requiring the parent's own signature, and a written notice to the relative concerned. The Tribunal application follows with medical records, messages and the property papers.
Prevention is as important. While a parent is well, we put in place a registered will, nominations, a narrow power of attorney to someone trusted and a written condition of care in any gift deed. Australian time is ahead of India, so you can join calls with your parent and our advocate in your afternoon.
What is different for NRIs in Australia
- A gift deed without a recorded condition of care is hard to undo; add the condition.
- Australian enduring powers of attorney do not operate in India.
- Keep records of money you send; it answers any later claim.
Step by step from Australia
Free review call
Calls are held in your afternoon, which is the Indian morning. We read your papers on your parents' legal protection first, so the call is about your options and not a repeat of the facts.
Authority from Australia
Where a representative must act for you in India on your parents' legal protection, you sign before an Australian notary public and obtain the DFAT apostille, or attend the Indian mission for your state. We draft the document and send signing instructions.
Work in India
In India, we meet your parents, file before the Maintenance Tribunal or court as needed and put their property papers and wills in order. Updates for clients in Australia go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the orders and a set of documents your parents can rely on day to day. Originals are couriered to your address in Australia if you need them.
The law in full
This page covers what changes when you handle your parents' legal protection from Australia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Parents & Senior Citizen Rights. For other matters, see all legal services for NRIs in Australia or the Family, Marriage & OCI practice area.
Questions from NRIs in Australia
Can I file a complaint for my parents in India from Australia?
Yes, with their authorisation, before the Maintenance Tribunal, and you can alert the police senior-citizen cell directly.
Can a relative be evicted from my parents' house?
Yes. Tribunals and District Magistrates can order eviction in cases of ill-treatment, subject to any residence rights claimed.
How quickly can the Tribunal act?
The Act targets ninety days; interim directions and police welfare checks can come sooner.