Senior Citizens’ Rights Under the Maintenance Act 2007

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a parent or a senior citizen aged 60 or above who cannot maintain himself or herself can apply to the Maintenance Tribunal for a monthly allowance from children or, for a childless senior, from the relative who will inherit the property. The Tribunal can order up to ₹10,000 a month. A property transfer made on the condition that the child will look after the parent can be declared void if the child fails to do so (section 23), and abandoning a senior citizen is a crime (section 24).

Who can claim and from whom

The Act protects two groups. A parent (father or mother, biological, adoptive or step) can claim from his or her children, whatever the parent’s age. A senior citizen is any Indian citizen aged 60 or above.

• Children include sons, daughters, grandsons and granddaughters, but not minors.
• Relatives: a childless senior citizen can claim from a relative who is in possession of, or would inherit, his or her property.
• Maintenance covers food, clothing, residence, medical attendance and treatment, so the senior can lead a normal life.

If the person cannot file personally, any other person or a registered organisation authorised by the senior can file. The Tribunal can also take up a case on its own.

How the Maintenance Tribunal works

1. File an application before the Maintenance Tribunal in the district where the senior lives or last lived, or where the child or relative lives.
2. Interim maintenance: the Tribunal can order a monthly interim allowance while the case is pending.
3. Conciliation: the Tribunal may first refer the matter to a Conciliation Officer to try a settlement.
4. Order: the Tribunal decides, ideally within 90 days, and can order a monthly amount up to the ceiling of ₹10,000, plus interest if the order says so.
5. Enforcement: if the child does not pay, the Tribunal can issue a warrant to levy the amount and order imprisonment for unpaid months.
6. Appeal: a senior citizen or parent aggrieved by the order can appeal to the Appellate Tribunal.

The ₹10,000 cap in section 9(2) remains in force. A 2019 amendment bill proposed changes but lapsed, and courts have pointed out that the figure needs revision. For a larger claim, a parent can also use section 144 of the BNSS, which has no ceiling (see maintenance under section 144 BNSS).

Section 23: getting the property back

Many parents gift their house to a son or daughter on the understanding that they will be cared for. If the transfer was made “subject to the condition” that the transferee provides basic amenities and physical needs, and the transferee refuses or fails to do so, the Tribunal can declare the transfer void, treating it as made by fraud, coercion or undue influence.

Practical tips:

• Courts look for evidence that care was a condition of the transfer. Write that condition into the gift deed if you are making one now.
• Collect proof of neglect: letters, messages, medical bills paid by others, statements of neighbours.
• Section 23 also protects a senior’s right to receive maintenance from an estate, even if the estate is transferred.

Section 24 and other protections

Under section 24, anyone who has the care or protection of a senior citizen and leaves him or her in any place with the intention of wholly abandoning them can be punished with imprisonment of up to three months, or a fine of up to ₹5,000, or both.

The Act also asks state governments to set up old age homes, ensure medical care, and protect the life and property of senior citizens. Beyond this Act, seniors have other entitlements such as old age pension schemes, health schemes and tax and banking benefits. The details and rates differ by scheme and state, so check the current scheme directly with the relevant department or bank.

For help, call Elderline 14567, the national helpline for senior citizens. Free legal aid is available through the Legal Services Authorities (NALSA helpline 15100).

Example scenario

Mr Sharma, 72, of Aliganj, Lucknow, gifted his house to his son in 2021. The gift deed says the son will look after his parents. By 2025 the son had stopped buying medicines and asked his parents to move out. Mr Sharma filed an application before the Maintenance Tribunal at the SDM’s office asking for monthly maintenance and for the gift deed to be declared void under section 23. He attached the deed, pharmacy bills and WhatsApp messages. The Tribunal first sent the matter to conciliation. When that failed, it ordered monthly maintenance and examined the section 23 claim on the basis of the condition written in the deed.

Frequently asked questions

Can a daughter be asked to pay maintenance?

Yes. “Children” include daughters, and an adult daughter can be ordered to maintain her parents.

Is a lawyer needed before the Tribunal?

The Act generally does not allow a party to be represented by a legal practitioner before the Tribunal, so seniors can appear themselves. Advice from a lawyer outside the hearing is still useful.

Is the ₹10,000 limit still in force?

Yes, as on 29 October 2026 the ceiling in section 9(2) has not been changed.

Can I claim under both this Act and section 144 BNSS?

Both remedies exist, but the forum will take into account any amount already ordered.

Does the Act apply to a childless senior?

Yes, against a relative who possesses or will inherit his or her property.

Quick quiz

For a complete course on everyday rights, including senior citizens and family law, see Everyday Law for Every Indian.

Sources

• Maintenance and Welfare of Parents and Senior Citizens Act, 2007, sections 2, 4, 5, 7, 9, 16, 17, 23 and 24
• Bharatiya Nagarik Suraksha Sanhita, 2023, section 144
• Legal Services Authorities Act, 1987, section 12

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.