How to Get Maintenance for Parents Under the Senior Citizens Act

If you are a parent or senior citizen (aged 60 or above) who is unable to maintain yourself from your own earnings or property, and your children or legal heirs are neglecting you, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 gives you the right to claim maintenance. You can file a simple application before the Maintenance Tribunal (set up in every district) without needing a lawyer, and the tribunal must decide your case within 90 days. The tribunal can order your children to pay a monthly maintenance of up to 10,000 rupees per child (this cap has been proposed to be increased under amendments).

Why this matters

India is home to over 140 million senior citizens, and the number is growing rapidly. While Indian society traditionally values filial duty, the reality is that many elderly parents face neglect, abandonment, and financial hardship. Some are thrown out of their own homes by children who have inherited or occupied their property. Others live with children who refuse to spend on their medical care or daily needs.

The 2007 Act was enacted specifically to address this problem. It provides a fast, simple, and accessible remedy -- you do not need a lawyer, you do not need to go to a regular court, and the process is designed to be completed within 90 days. Yet many senior citizens are unaware that this law exists or do not know how to use it.

Your rights under the Act

1. Who can claim maintenance

Parents (of any age) who are unable to maintain themselves from their own earnings or property can claim maintenance from their children, including adopted children. The parent does not need to be 60 or older -- any parent who cannot maintain themselves qualifies.

Senior citizens (aged 60 or above) who are unable to maintain themselves can claim maintenance from their children or legal heirs -- including grandchildren who have inherited property from the senior citizen.

Childless senior citizens can claim maintenance from their legal heirs who possess or would inherit their property.

Important: Both the father and the mother can claim maintenance. This is not limited to one parent. Both can file separately against their children.

2. Who must pay maintenance

Children: All children, including sons and daughters, married or unmarried, are obligated to maintain their parents. This obligation exists regardless of the parent's religion. The Act applies to all Indian citizens.

Legal heirs: If the senior citizen is childless, their legal heirs (those who would inherit their property) are obligated to provide maintenance.

In practice: The obligation falls on children who have sufficient means. If one child earns well and another is financially struggling, the tribunal may apportion the maintenance burden unequally.

3. What counts as maintenance

Maintenance under the Act includes:

• Food, clothing, and shelter
• Medical treatment and attendance
• Anything necessary for leading a normal life

4. How much can you get

Under the original 2007 Act, the maximum maintenance was 10,000 rupees per month per child. The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill 2019 proposed removing this cap, allowing tribunals to determine the appropriate amount based on the standard of living and the children's means. Several states have already increased the cap or removed it through state-level amendments.

In practice: The amount ordered depends on the parent's needs (medical expenses, cost of living, standard of living they are accustomed to) and the children's financial capacity. Tribunals can also order that medical expenses be paid separately above the maintenance amount.

5. Protection from property dispossession

Section 23 of the Act provides that if a senior citizen has transferred property to a child (by gift or otherwise) subject to the condition that the child will provide basic amenities, and the child fails to do so, the transfer can be declared void by the tribunal. This means:

• If you gifted your house to your son on the understanding that he would look after you, and he is not doing so, you can get the property back
• The transfer must have been made after the commencement of the Act (2007)
• The tribunal can cancel the transfer and restore the property to the senior citizen

Step-by-step: How to file for maintenance

Step 1 -- Approach the Maintenance Tribunal

Every district has a Maintenance Tribunal set up under the Act. This is usually the Sub-Divisional Magistrate (SDM) or an officer of equivalent rank. You can also file before the District Magistrate.

Where to file: The tribunal in the district where you reside or where the children reside.

Step 2 -- File the application

The application is simple and can be filed:

• In person at the tribunal
• Through a registered letter sent to the tribunal
• Through an organisation registered under the Act that works with senior citizens

What to include:

• Your name, age, and address
• Details of your children (names, addresses, occupation)
• Your income and expenses (to show you cannot maintain yourself)
• Details of any property you have transferred to your children
• The amount of maintenance you are requesting

No lawyer needed: The Act specifically provides that proceedings are informal and no party needs to be represented by a lawyer. However, you can engage a lawyer if you wish.

No court fees: There are no fees for filing the application.

Step 3 -- Notice to children

The tribunal sends notice to your children, requiring them to appear and respond. If a child does not appear despite notice, the tribunal can proceed ex parte (without hearing them).

Step 4 -- Hearing and order (within 90 days)

The tribunal hears both sides and must pass an order within 90 days of the application. The tribunal examines:

• Your financial needs and health condition
• Your children's financial capacity
• Whether you have transferred any property to the children
• The standard of living you are accustomed to

Step 5 -- Enforcement

If a child fails to comply with the maintenance order, the tribunal can impose a penalty of up to 5,000 rupees or order imprisonment of up to one month (or both). The order can be executed through the District Magistrate.

What if things go wrong

Your children deny that you are unable to maintain yourself: Present evidence of your financial situation -- bank statements, medical bills, pension statements (or lack thereof). The burden is on your children to show that you have sufficient means.

Your children claim they cannot afford maintenance: The tribunal assesses their actual earning capacity, not just declared income. Evidence of their lifestyle (house, car, vacations, social media posts) can be used to demonstrate their means.

Your children have thrown you out of your home: If you transferred the property to them, apply under Section 23 to void the transfer. If it is their property, claim maintenance that includes the cost of separate accommodation.

The tribunal's order is inadequate: You can appeal to the Appellate Tribunal (usually the District Magistrate or a designated appellate authority) within 60 days of the order. You can also file under Section 125 CrPC (Section 144 BNSS) in the Magistrate's court for additional maintenance.

Your children harass or abuse you: Senior citizens facing abuse have additional protections. File a police complaint for criminal offences (Section 324/325 IPC / Section 115/117 BNS for causing hurt). You can also approach the police under elder abuse provisions.

Documents and resources you need

• Identity proof (Aadhaar, voter ID, pension card)
• Address proof
• Medical records and bills (to demonstrate health needs)
• Income documents (pension statements, bank statements -- or evidence of no income)
• Property documents (if you transferred property to children)
• Children's details (addresses, known occupation)
• Senior Citizens Helpline: 14567 (Elderline -- government helpline for senior citizens)
• NALSA helpline: 15100 (free legal aid)
• District Maintenance Tribunal: Contact the SDM office in your district

Common myths

"Only parents above 60 can claim maintenance." Any parent who is unable to maintain themselves can claim maintenance from their children. The age threshold of 60 applies to "senior citizens" who may claim from legal heirs, but the maintenance obligation of children towards parents has no age limit for the parent.

"Only sons are obligated to maintain parents." Both sons and daughters are equally obligated under the Act. Married daughters cannot claim exemption from this obligation.

"You need a lawyer to file." No. The proceedings are designed to be simple and informal. You can file the application yourself, and no lawyer is required. Free legal aid is also available through NALSA if you need assistance.

"The maximum you can get is 10,000 rupees." While the original Act capped maintenance at 10,000 rupees per month per child, several states have increased this cap. Amendments are being processed to remove the cap entirely. Additionally, you can file under Section 125 CrPC for higher amounts.

The law behind this

Frequently asked questions

Can I claim maintenance from my children if I have a pension? Yes, if your pension is insufficient to meet your basic needs. The Act applies to parents who are "unable to maintain" themselves -- this does not mean you must have zero income. If your expenses (especially medical) exceed your pension, you can claim the difference.

Can I claim maintenance from a child who lives abroad? Yes. The tribunal can serve notice through appropriate channels. If the child does not appear, the tribunal can proceed ex parte. Enforcement abroad may be challenging, but the order is valid, and any property the child has in India can be attached.

What if I transferred my property to my children and they now refuse to maintain me? If the transfer was made after 2007 and was subject to the condition (express or implied) that the children would maintain you, you can apply under Section 23 of the Act to have the transfer declared void. The property reverts to you.

Can both parents file separately? Yes. Both father and mother can file independent applications for maintenance. Each parent can claim up to the maximum amount from each child.

Is this remedy available to parents of all religions? Yes. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 is a secular law that applies to all Indian citizens regardless of religion. Additionally, Section 125 CrPC (Section 144 BNSS) also applies to parents of all religions.