Primary law, Tamil Nadu land law
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Act No. 56 of 2007, dated 29 December 2007, to provide for the maintenance and welfare of parents and senior citizens. The Act creates a maintenance claim process, provides for welfare and medical support, and addresses protection of senior citizens’ life and property. It was amended by Act 34 of 2019, effective 31 October 2019, to remove the previous territorial exception for the State of Jammu and Kashmir.
What the Act governs
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 applies throughout India and also to Indian citizens outside India. It comes into force in each State on a date appointed by the State Government through an Official Gazette notification. Its provisions override inconsistent provisions in other enactments or instruments.
A senior citizen is an Indian citizen aged sixty years or above. A parent includes a biological, adoptive or step father or mother, whether or not that parent is a senior citizen. Maintenance includes food, clothing, residence, medical attendance and treatment.
Who may claim maintenance
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows a parent, grandparent or senior citizen who cannot maintain himself or herself from earnings or owned property to seek maintenance.
Key provisions include:
- A parent or grandparent may apply against one or more adult children.
- A childless senior citizen may apply against an adult legal heir who possesses, or would inherit, the senior citizen’s property.
- Where several relatives would inherit, maintenance is payable in the proportions in which they would inherit.
- An authorised person or organisation may apply for an incapable parent or senior citizen.
- A Maintenance Tribunal may begin proceedings on its own.
- The Maintenance Tribunal may award interim maintenance while a case is pending.
- The maximum monthly allowance is prescribed by the State Government and cannot exceed ten thousand rupees per month.
Tribunal process and enforcement
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 requires the State Government to establish one or more Maintenance Tribunals for each subdivision. Proceedings may be brought where the parent or senior citizen resides or last resided, or where the child or relative resides.
The Maintenance Tribunal may use a summary procedure, take evidence, require witnesses and documents, and refer a matter to a Conciliation Officer. It may proceed without the child or relative if that person wilfully avoids service or attendance. Failure to comply with a maintenance order can lead to recovery by warrant and imprisonment for up to one month, or until earlier payment, subject to the stated recovery application period.
Property relevance
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 defines property broadly. It covers movable and immovable property, ancestral and self-acquired property, tangible and intangible property, and rights or interests in property. The Act also contains a provision for transfers of property to be void in certain circumstances, making it relevant when property is transferred by a senior citizen.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a parent claim maintenance even if the parent is under sixty?
Yes. The definition of parent includes a biological, adoptive or step father or mother, whether or not that person is a senior citizen.
Can a childless senior citizen claim maintenance from a relative who may inherit the property?
Yes. A claim may be made against an adult legal heir who possesses the senior citizen’s property or would inherit it after the senior citizen’s death, provided the relative has sufficient means.
Does the Act cover a senior citizen’s house and other property rights?
Yes. Property includes movable and immovable, ancestral and self-acquired, tangible and intangible property, together with rights or interests in that property.
Where can a maintenance application be filed?
Proceedings may be taken in a district where the parent or senior citizen resides or last resided, or where the child or relative resides.
