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Family & succession

Maintenance for parents and senior citizens

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 lets parents and seniors claim monthly maintenance from children or relatives, and sometimes cancel property transfers.

Reviewed by NaveenUpdated 7 min readRules vary by state ↓

In short

  • Parents (of any age) and senior citizens (60 or older) who can't maintain themselves can claim maintenance from their adult children, grandchildren, or, for childless seniors, certain relatives.
  • Claims go to a Maintenance Tribunal headed by an officer of at least Sub-Divisional Officer rank. Lawyers aren't allowed to represent parties before it.
  • The maximum maintenance under the Act is ₹10,000 per month. Proposals to change this cap have been made, but the Act's text still sets it.
  • Under section 23, a senior citizen can ask the Tribunal to declare a property transfer void if it was made on condition that the transferee would provide basic needs, and they failed to.
  • Appeals go to the Appellate Tribunal within 60 days.

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02What the law says

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.

Your state

General information for India. State-specific notes are listed below.

Karnataka · Karnataka: Assistant Commissioner as Maintenance Tribunal

In Karnataka, the Assistant Commissioner of the revenue sub-division acts as the Maintenance Tribunal, and the Deputy Commissioner of the district hears appeals. On section 23, the Karnataka High Court held in February 2026 that an express care clause in a gift deed isn't mandatory, and that the obligation can be inferred from the circumstances. In November 2026, a Division Bench said the condition doesn't have to be written in the deed, but the senior citizen must prove it with enough evidence.

Assistant Commissioner (sub-division) as Maintenance Tribunal; Deputy Commissioner (district) as Appellate Tribunal (opens in new tab)

Keralam (Kerala) · Keralam: RDO as Tribunal; High Court's view on section 23

Kerala notified its rules under the Act on 28 August 2009 and set up Maintenance Tribunals and Appellate Tribunals in August 2009, with District Social Justice Officers designated as Maintenance Officers, according to the central government in April 2022. Kerala High Court judgments from 2025 and 2026 show the Revenue Divisional Officer (or Sub Collector) of the revenue division sitting as the Maintenance Tribunal, with appeals heard at district level by the District Collector or the Collectorate. On section 23, a Full Bench of the Kerala High Court held in Subhashini v. District Collector, Kozhikode (2020) that the condition to provide basic amenities and physical needs must be expressly stated in the transfer document. In October 2026, a single judge applied this and held that a settlement deed that only reserved a life interest for the father did not meet that requirement. That judgment did not discuss the Supreme Court's January 2025 ruling in Urmila Dixit. On who must pay, a Division Bench held in August 2025 that a "relative" under the Act must be a legal heir of the childless senior citizen.

Revenue Divisional Officer / Sub Collector as Maintenance Tribunal; District Collector as Appellate Tribunal (opens in new tab)

Tamil Nadu · Tamil Nadu: RDO as Tribunal, District Collector on appeal

Tamil Nadu's rules are the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (G.O. Ms. No. 170, 31 December 2009). They cap maintenance at ₹10,000 per month, and also limit it by reference to the payer's monthly income and family size. The District Collector oversees Tribunals in the district. The Revenue Divisional Officer acts as the Maintenance Tribunal and the District Collector hears appeals. The Madras High Court's rulings on section 23 have not been uniform. In September 2026, a single judge, relying on earlier rulings including a Full Bench decision, required a specific condition in the deed.

Revenue Divisional Officer / Sub-Divisional Magistrate as Maintenance Tribunal; District Collector as Appellate Tribunal (opens in new tab)

03Where you can go

  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.

04How it usually works

  1. 01

    The parent or senior citizen (or someone they authorise, or a registered organisation) files an application with the Tribunal. The Tribunal can also act on its own.

  2. 02

    The Tribunal sends notice to the children or relatives and may refer the matter for conciliation.

  3. 03

    It can order interim maintenance while the case is pending.

  4. 04

    After hearing both sides, it decides the monthly amount, up to ₹10,000.

  5. 05

    For a section 23 claim, it examines the transfer document and the circumstances, and can declare the transfer void.

  6. 06

    A senior citizen or parent who disagrees with the order can appeal to the Appellate Tribunal. The person ordered to pay must keep paying during the appeal unless the Appellate Tribunal directs otherwise.

05Time limits

  • 90 days (from service of notice) for the Tribunal to decide, extendable once by up to 30 days in exceptional cases.
  • 30 days to deposit the ordered maintenance.
  • 60 days to appeal to the Appellate Tribunal from the date of the order.

06Documents to gather

  • Proof of age (for senior citizens) and of relationship to the children or relatives
  • Details of income, assets and expenses, including medical costs
  • Information about the children's or relatives' income and property, if known
  • For section 23: the gift, settlement or transfer deed, and evidence of the condition and of neglect (messages, witnesses, medical records)
  • Any earlier complaints to police or other authorities

07Common questions

The Act doesn't allow lawyers to represent parties before the Tribunal or Appellate Tribunal. Seniors can get help from the DLSA or a social organisation.

Under this Act as it stands, yes. Other laws, such as personal laws or the maintenance provisions in the BNSS, have their own rules.

Section 23 allows this only if the transfer was made on condition that basic needs would be met and that condition wasn't kept. How strictly the condition must be shown differs between High Courts.

Yes. "Children" in the Act includes sons, daughters, grandsons and granddaughters who are adults.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

  • Do I meet the conditions to claim under this Act, or would another law be better for me?
  • Does my transfer deed, or the circumstances around it, show a condition about care?
  • Which Tribunal should I approach, and what evidence will help?
  • Can I seek both maintenance and cancellation of the transfer?

09Sources

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This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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