A parent or senior citizen who cannot maintain themselves can claim a monthly maintenance allowance from their children or relatives through a special, low-cost tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The application is filed with the Maintenance Tribunal in the district, no lawyer is required, and the tribunal is expected to decide the matter quickly. In many states the same forum can also order the eviction of children from a parent's house and can cancel a gift or transfer of property that was made on a false promise of care.
This guide explains, in plain language, who can claim maintenance for parents and senior citizens, how much can be ordered, the tribunal procedure, the timelines, and what to do when adult children refuse to maintain elderly parents or refuse to vacate the parent's home. It is general information, not legal advice on your specific facts.
What the law says: the Senior Citizens Act 2007
The governing statute is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (often called the Senior Citizens Act or "MWPSC Act"). It is a central law that applies across India (except, historically, Jammu and Kashmir before its reorganisation). Its purpose is to give elderly parents a simple, speedy and inexpensive way to obtain financial support and protection, rather than forcing them into a long civil suit.
Two key definitions under the Act:
- A "senior citizen" is any person aged 60 years or above who is a citizen of India.
- A "parent" includes a father or mother (biological, adoptive or step-parent), whether or not a senior citizen. So a parent below 60 can also claim, as a parent.
Under Section 4 of the Act, a senior citizen (including a parent) who is unable to maintain themselves from their own earnings or property can apply for maintenance. The obligation falls on:
- Children or grandchildren (not minors), in the case of a parent or grandparent; and
- Relatives who are in possession of, or would inherit, the property of a childless senior citizen.
The full text of the Act is available on the Government of India's official portal: India Code — Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Important note on changing law: The Government introduced a Bill in 2019 to amend this Act (proposing, among other things, a wider definition of "children", removal of the monthly maintenance cap, and registration of care homes). Provisions and section numbers can change when amendments are notified. Always verify the current, in-force version of the Act and your state rules before acting.
Two parallel routes: the Senior Citizens Act vs general maintenance law
Maintenance for parents is not governed by the 2007 Act alone. A parent can also seek maintenance under general criminal and personal law. Knowing the difference helps you pick the faster, cheaper forum.
| Feature | Senior Citizens Act, 2007 | General maintenance (criminal law) | Personal / civil law |
|---|---|---|---|
| Who can claim | Parent (any age) / senior citizen (60+) | Father or mother unable to maintain themselves | Varies by personal law |
| Forum | Maintenance Tribunal (SDM / designated officer) | Judicial Magistrate's court | Civil / family court |
| Old provision | Sections 4–5, MWPSC Act 2007 | Section 125, Code of Criminal Procedure (CrPC) | Hindu Adoptions & Maintenance Act, etc. |
| New numbering (2023–24) | Unchanged (special Act) | Section 144, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced S.125 CrPC | Unchanged |
| Lawyer needed | No (Act discourages legal practitioners) | Yes, usually | Yes |
| Speed | Fast (statutory time limit) | Slower | Slowest |
| Maintenance cap | Monthly cap fixed by Act/State rules | No fixed cap | No fixed cap |
CrPC to BNSS — verify the section: The old Section 125 CrPC (maintenance of wives, children and parents) has been re-enacted as Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which came into force on 1 July 2024. The substance is broadly the same, but the section number changed. Confirm the current section and any transitional rules before filing.
How much maintenance can a parent be awarded?
Under the 2007 Act, the tribunal decides a fair monthly allowance based on the elderly person's needs and the children's capacity to pay. Historically the Act set an upper ceiling of ₹10,000 per month per applicant, fixed by the State Government. The 2019 Amendment Bill proposed removing this cap and tying the amount to the standard of living and the payer's earnings — but until that is notified and adopted by your State, the statutory ceiling may still apply. Verify the current cap in your State rules.
Under Section 125 CrPC / Section 144 BNSS, by contrast, there is no statutory cap — the magistrate fixes a reasonable amount on the facts.
The tribunal can also order interim maintenance while the case is pending, so the parent is not left without support during the proceedings.
The tribunal: filing and procedure step by step
The 2007 Act creates a special Maintenance Tribunal (usually headed by an officer of at least Sub-Divisional Magistrate rank) in each subdivision, and an Appellate Tribunal (usually the District Magistrate / District Collector). Here is the typical flow.
- Application. The parent or senior citizen files a simple application with the Maintenance Tribunal having jurisdiction (where they live, or where the children live). A voluntary organisation may apply on their behalf, or the tribunal may act on its own motion (suo motu).
- Notice to children/relatives. The tribunal issues notice to the children or relatives named as respondents.
- Inquiry. The tribunal holds a summary inquiry. Legal representation is generally not permitted — the Act is designed to be navigated without a lawyer.
- Interim order. The tribunal may order interim maintenance during the inquiry.
- Final order and time limit. The tribunal is required to dispose of the application within 90 days from the date of notice (extendable, in exceptional cases, by a further period that the State rules specify — typically up to 30 days). Confirm the exact timeline in your State rules.
- Enforcement. Maintenance is payable from the date of the order (or application, as ordered). Non-payment without sufficient cause can attract recovery action, and in some circumstances imprisonment as a coercive measure.
- Appeal. A senior citizen or parent (and, where allowed, the aggrieved party) may appeal to the Appellate Tribunal, generally within 60 days of the order.
Because the process is meant to be accessible, the application form and procedure are kept short. An advocate is still useful for complex matters — for example, where property transfers, multiple legal heirs, or parallel litigation are involved.
Eviction of children from a parent's house
One of the most powerful, and frequently litigated, aspects of senior citizen law is eviction of children who harass elderly parents or refuse to leave the parent's home.
The 2007 Act itself focuses on maintenance and welfare, but many State rules (for example the rules framed by several States and Union Territories) expressly empower the District Magistrate / tribunal to order eviction of children or relatives from a senior citizen's self-acquired property to ensure the senior citizen's peaceful possession and protection. Several High Courts have upheld such eviction orders where a parent owns the home and the children have no independent legal right to stay.
A connected protection is Section 23 of the Act: if a senior citizen has transferred property (by gift or otherwise) subject to the condition that the transferee provide basic amenities and physical needs, and the transferee then neglects or refuses to do so, the transfer may be declared void by the tribunal as having been made by fraud, coercion or undue influence. This lets a parent who signed over a house or assets in exchange for care claw the property back when the care never came.
The exact scope of eviction powers depends on your State's rules and recent High Court / Supreme Court decisions, which have refined when a tribunal (as opposed to a civil court) can order eviction. This is an area where an advocate's view on current case law matters.
When can a parent claim against children?
- The parent is unable to maintain themselves from their own income or property.
- The children or grandchildren (adults) have sufficient means to support the parent.
- The claim can be for a monthly allowance, and where applicable, for protection and eviction under the State rules.
Can a parent claim if they gave property to the child?
Yes. Transferring property to a child does not extinguish the right to maintenance. And under Section 23, a transfer made on the promise of care can be annulled if the care is withheld.
Practical checklist for an elderly parent
- Keep proof of age (Aadhaar, passport, birth/age certificate) to establish "senior citizen" status where relevant.
- Keep proof of the child's means (salary, business, property) if available.
- Keep documents for any property transferred to a child, especially any deed mentioning a condition of care (this triggers Section 23).
- Note that no court fee / minimal fee and no lawyer are needed for the tribunal route — but get advice if property or eviction is involved.
- Act promptly; the tribunal route is fast by design.
For matrimonial and family disputes that often run alongside elder-care conflicts — desertion, separation, or custody — see our practice page on family and divorce law.
Frequently Asked Questions
Who can claim maintenance under the Senior Citizens Act 2007?
A senior citizen (any Indian citizen aged 60 or above) who cannot maintain themselves, and any parent (regardless of age) who is unable to maintain themselves, can claim. The claim lies against adult children or grandchildren, or against relatives who would inherit a childless senior citizen's property.
How much maintenance can a parent get?
The Maintenance Tribunal fixes a fair monthly amount based on the parent's needs and the children's means. The 2007 Act historically capped this at ₹10,000 per month per applicant, as fixed by the State; a proposed amendment seeks to remove the cap. Under Section 125 CrPC / Section 144 BNSS there is no cap. Verify the current cap in your State rules.
Do I need a lawyer to file before the Maintenance Tribunal?
No. The Act is designed so that a parent or senior citizen can apply without a lawyer, and legal practitioners are generally not allowed to represent parties before the tribunal. A lawyer can still help where property transfers, eviction or parallel court cases are involved.
How long does the tribunal take to decide?
The tribunal is required to dispose of a maintenance application within about 90 days of issuing notice, extendable in exceptional cases by a further short period specified in the State rules. Confirm the exact timeline in your State rules.
Can parents evict children from their house?
In many States, the rules made under the 2007 Act empower the District Magistrate or tribunal to order eviction of children or relatives from a senior citizen's self-acquired property to protect the parent. The exact power depends on your State rules and current High Court and Supreme Court decisions.
What happens if I gifted my property to my child and they stopped caring for me?
Under Section 23 of the Act, a transfer of property made on the condition that the transferee provide care and basic needs can be declared void by the tribunal if the transferee then neglects or refuses to provide that care, allowing the parent to recover the property.
Is the Senior Citizens Act different from Section 125 CrPC?
Yes. The Senior Citizens Act 2007 gives a fast, lawyer-free tribunal route with a statutory time limit and (historically) a monthly cap. Section 125 CrPC — now re-enacted as Section 144 of the BNSS, 2023 — is a magistrate-court remedy with no cap but a slower process. A parent may choose either route.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
