Maintenance for parents and senior citizens

Who can claim, and from whom. A "senior citizen" is an Indian citizen aged 60 or above. A "parent" includes biological, adoptive and step-parents, whether or not they are senior citizens. A parent or senior citizen who can't maintain themselves from their own earnings or property can claim from their "children", meaning adult sons, daughters, grandsons and granddaughters. A childless senior citizen can claim from a "relative": an adult legal heir who has, or will inherit, their property. Maintenance covers food, clothing, housing, and medical attendance and treatment.

The Tribunal. Each state sets up Maintenance Tribunals for its sub-divisions, headed by an officer of at least Sub-Divisional Officer rank. The Tribunal uses a summary procedure. It can order interim maintenance and should decide the application within 90 days of serving notice, extendable once by up to 30 days. Under section 9, the maximum monthly maintenance is set by state rules but can't be more than ₹10,000. Any later amendment to this cap would change that figure, so the current position can be checked with the Tribunal or an advocate. The person ordered to pay must deposit the amount within 30 days. If they don't comply without good reason, the Tribunal can issue a warrant and order imprisonment of up to one month or until payment.

Cancelling a property transfer (section 23). If a senior citizen transferred property by gift or otherwise, on condition that the transferee would provide basic amenities and basic physical needs, and the transferee refuses or fails to, the Tribunal can declare the transfer void at the senior citizen's option. In Urmila Dixit v. Sunil Sharan Dixit (2 January 2025), the Supreme Court said this is beneficial law and should be read liberally. It also said Tribunals can order eviction and return of possession where needed to protect the senior citizen. High Courts have differed on whether the condition must be written into the deed. Some say it can be inferred from the circumstances; others say it must be specific. See the state notes.

Abandonment. Leaving a senior citizen anywhere with the intention of wholly abandoning them is an offence. It is punishable with up to three months' imprisonment, a fine of up to ₹5,000, or both.

1. Maintenance Tribunal for your sub-division. The application can be filed where the applicant lives or where the child or relative lives.
2. Appellate Tribunal (district level). For appeals against a Tribunal's order, headed by an officer of at least District Magistrate rank.
3. Elderline (14567). The national helpline for senior citizens.
4. District Legal Services Authority (DLSA). Free legal aid and help with applications.