Parents and childless senior citizens in India can claim monthly maintenance from their children or legal heirs under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. The claim is made before a Maintenance Tribunal headed by the Sub-Divisional Magistrate, in a summary enquiry that is far quicker than a civil suit. This page explains who can apply, against whom, what the tribunal can order, and how Section 23 protects a senior citizen who has transferred property to a child.
Who this applies to
The Act protects a parent - a father or mother, whether biological, adoptive or a step-parent - and a grandparent. It also protects a senior citizen, defined as a person aged sixty years or above, who is unable to maintain themselves out of their own earnings or property. The obligation extends to children and grandchildren, and to relatives who would inherit the property of a childless senior citizen. A person with no children may therefore claim against the relative who stands to inherit from them.
The Act applies regardless of religion and applies to the whole of the country, though some provisions depend on state rules framed under it.
Step by step: the application and the tribunal
- The tribunal. The application is filed before the Maintenance Tribunal constituted for the sub-division, presided over by the Sub-Divisional Magistrate. Where no tribunal is notified, the SDM exercises those powers.
- Form of the application. The application is in the form prescribed by the state rules. It sets out the applicant's age, residence, the relationship with the respondent, the applicant's monthly needs, the respondent's means, and the amount claimed.
- Who may apply. The senior citizen or parent may apply personally, or through an authorised person, or the tribunal may act on its own where it receives information that a person is being neglected. A voluntary organisation may also be authorised to apply.
- Notice and enquiry. On receipt, the tribunal serves notice on the respondent and holds a summary enquiry. It may require the respondent to appear and may examine income and property records. The proceeding is meant to be simple and not bound by the technical rules of the civil procedure code.
- The order. If satisfied, the tribunal orders a monthly allowance for the maintenance of the applicant, payable from the date of the application. The allowance is payable by the respondent and is recoverable as arrears of land revenue if it is not paid.
- Interim relief. The tribunal may order interim maintenance during the pendency of the application.
How much can be ordered
The Act links the allowance to what is needed to lead a normal life and to the respondent's means. The statute originally placed a monthly ceiling on the amount the tribunal could award, and a number of states have since raised their own limits through rules. Because the figure and the state limit vary, an applicant should claim by reference to actual monthly need - food, rent, medicines, attendant charges - and leave the exact sum to the tribunal.
Time limit for disposal
The Act directs the tribunal to complete the enquiry and pass its order within a fixed period, of the order of ninety days, from the date of service of notice, with a limited extension for reasons recorded in writing. In practice the calendar depends on the sub-division, but the summary design of the proceeding is the reason the route is faster than a civil suit for maintenance.
Section 23: the property transfer angle
Section 23 is the provision that most often brings well-off families to the tribunal. Where a senior citizen has transferred property - by gift or otherwise - to a child or relative after the commencement of the Act, on the condition that the transferee would provide the basic amenities and physical needs of the senior citizen, and the transferee fails to do so, the transfer is deemed to have been made by fraud, coercion or undue influence and is void at the option of the senior citizen. The senior citizen can apply to have the transfer declared void and the property returned. This gives an effective answer to the common situation where a parent signs over a house to a son or daughter and is then neglected.
Documents to attach
- Proof of age and identity - Aadhaar, voter card, ration card or senior citizen card.
- Proof of the relationship - the child's birth certificate, school records, or family records showing the parent-child link.
- Proof of residence in the sub-division where the application is filed.
- Income details of the respondent, so far as known - salary, pension, business or property records.
- For a Section 23 claim, the transfer deed and evidence of the condition attached to it and of the transferee's failure to maintain.
- Medical and household expense records to justify the monthly need.
Why the route is faster than a civil suit
A civil suit for maintenance is a plenary proceeding - pleadings, discovery, trial, then appeal - and can take years. The 2007 Act creates a special summary tribunal that works to a statutory time limit, keeps procedure informal, and enforces its own monthly orders. It is both quicker and cheaper, since no substantial court fee is involved. An appeal against the tribunal's order lies to the Appellate Tribunal, headed by the Deputy Commissioner, and must be filed within the period the Act prescribes.
Common questions
Can a parent claim maintenance from a daughter, or only a son?
From any child, son or daughter, and from grandchildren as well. The obligation is not limited to sons, though in practice the amount is fixed by each respondent's means.
Is the order limited to the monthly allowance?
The Act also covers the right of a senior citizen to be maintained from their own property by the heirs, and empowers the tribunal to declare a transfer void under Section 23. Both the monthly allowance and the property relief can be sought.
What if the respondent refuses to obey the order?
The amount can be recovered as arrears of land revenue, and persistent neglect is separately punishable under the Act. Non-payment can also be dealt with under the general maintenance provisions of the criminal procedure law, now Section 144 BNSS 2023.
Can a senior citizen with property of their own still apply?
The senior citizen must be unable to maintain themselves from their own earnings or property. Where the property yields enough, the tribunal may find the claim unnecessary; where it does not, the claim stands.
If a property transfer or a neglect dispute is involved, the application should be drafted to raise both the monthly claim and Section 23 relief. FileX handles these before family and tribunal forums - see our family law and maintenance and alimony services, the ready formats at family law formats, or contact us with the facts of your case.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.