Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 enables parents and older persons who cannot support themselves to claim financial support through a tribunal. Its maintenance mechanism places a legal obligation on specified family members to meet needs such as food, clothing, residence, medical attendance and treatment.

Who can claim maintenance and from whom

Under Section 4, a parent or senior citizen who cannot maintain themselves from their own earnings or property can seek maintenance.

• A senior citizen is an Indian citizen aged 60 years or above; a parent may claim maintenance even if below 60.
• Parents, including biological, adoptive and step-parents, may claim against one or more adult children; the Act’s definition of children includes sons, daughters, grandsons and granddaughters.
• A childless senior citizen may claim against a relative: a non-minor legal heir who possesses or would inherit their property, subject to the statutory conditions.

Application and tribunal procedure

State governments constitute Maintenance Tribunals for each subdivision, presided over by an officer not below the rank of Sub-Divisional Officer. They follow a summary procedure rather than an ordinary civil trial.

• An application may be made by the eligible person or, if incapable, by an authorised person or organisation; the tribunal may also act on its own initiative.
• The tribunal may grant interim maintenance while the application is pending.
• Applications should be disposed of within 90 days from service of notice, extendable once by up to 30 days in exceptional circumstances with recorded reasons.
• The tribunal may refer the matter to a Conciliation Officer, who must submit findings within one month.

Maintenance award and enforcement

Where a person with sufficient means neglects or refuses to maintain an eligible claimant, the tribunal may order a monthly maintenance allowance.

• Under Section 9, the state-prescribed maximum allowance cannot exceed ₹10,000 per month.
• The ordered amount must be deposited within 30 days of announcement of the order.
• For non-compliance without sufficient cause, the tribunal may issue a recovery warrant and impose imprisonment of up to one month, or until payment if earlier, for the unpaid allowance covered by the statutory procedure.

Appeal and protection of transferred property

A senior citizen or parent aggrieved by a tribunal order may appeal to the district Appellate Tribunal within 60 days; delay may be condoned for sufficient cause.

• Under Section 23, a qualifying property transfer conditioned on providing basic amenities and physical needs may be declared void at the senior citizen’s option if the transferee refuses or fails to fulfil that obligation.