Senior citizens: how to get maintenance from children and protect your property

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives parents and senior citizens a quick, low-cost way to get support.

Who can claim, and from whom

• Parents (including step-parents and adoptive parents) can claim from their adult children and grandchildren.
• A childless senior citizen (60 or older) can claim from a relative who has, or will inherit, their property.

They can claim if they cannot maintain themselves from their own income or property.

Where to apply

Apply to the Maintenance Tribunal, usually presided over by the Sub-Divisional Magistrate (SDM) of your area. You can apply yourself, or an organisation can apply for you. Lawyers are generally not allowed to appear for the parties before the Tribunal, which keeps it simple and cheap.

What the Tribunal can order

• Monthly maintenance for food, clothing, housing, medical care and treatment, up to the limit in the Act (₹10,000 a month).
• The Tribunal is meant to decide the application within 90 days.
• If the children don’t pay, the Tribunal can recover the amount and send the defaulter to prison.

Property given away on the condition of care

If a senior citizen transferred property (for example, by a gift deed) on the condition that the person receiving it would look after them, and that person fails to do so, the Tribunal can declare the transfer void at the senior citizen’s request (Section 23). Courts have held that the condition of care must be part of the transfer.

Help

• Elder Line: 14567, the national helpline for senior citizens.
• Many police stations keep a register of senior citizens living alone; ask your local police station.
• See also maintenance for wife, children and parents under the BNSS, which is another route.