Maintenance and Welfare of Parents and Senior Citizens Act

The Maintenance and Welfare of Senior Citizens Bill, 2007 makes it a legal obligation for children or heirs to provide maintenance to senior citizens. Senior citizens who are unable to maintain themselves have the right to apply to a maintenance tribunal seeking a monthly allowance from their children or heirs. It also allow the state government to establish old age homes in every government.

The state government also sets the maximum monthly maintenance allowance, which cannot be more than Rs 10,000 per month.

Punishment for not paying the monthly allowance is Rs 5,000 or three months imprisonment or both. This bill extends to the whole of India, except the State of Jammu and Kashmir.

Please click on a state below to download a PDF of the rules required by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Who can demand maintenance under the Act?

Any citizen of India who is 60 years and above, belonging to any religion or faith, whether living in India or not, having children or grandchildren above 18 years of age, be it biological or adopted.

In case of childless seniors, relatives who are either in possession of the property of the senior citizen or would inherit it, are legally liable to look after and maintain the elderly. Failing to this can lead to legal action against them.

What maintenance can one claim?

Maintenance includes provision for food, clothing, residence, medical attendance and treatment. Maximum amount allowance for maintenance of a senior citizen by the Tribunal shall be such as prescribed by the State Government, which shall not exceed Rs. 10,000/- per month.

What if the elderly themselves and their children and specified relatives do not have the sufficient means to maintain them?

In such a case, it becomes the responsibility of state government to come up with measures to support such elderly with old age homes, pension schemes etc.

How can an Application for Maintenance be filed?

If you cannot maintain yourself, then a legal option can be sought by filing an application in a simple language giving names, full details and addresses of the persons from whom you are demanding maintenance to the tribunal.

If there is more than one child or relative, you may claim maintenance from one or all of them depending on their means of income.

Maintenance proceedings may be initiated against any child/children or relative in any district where the parent or senior citizen lives or last lived or where the child/children or relative live.

If an elderly person is incapable of making an application themselves, than any other person or registered voluntary organisation authorised by him/her can make the application, or the Tribunal can take suo moto (on its own) cognizance and proceed.

Current Category: Maintenance and Welfare of Parents and Senior Citizens Act
Ask a Question about Maintenance and Welfare of Parents and Senior Citizens Act
[cma-questions hidequestions=’1′ ajax=’0′ cat=’maintenance-act’]

Most helpful questions for this topic

[cma-questions cat='maintenance-act' limit='5' sort='votes' pagination='0' authorinfo='0' answers='0' views='0' form='0' updated='0' displaycategories='0' votes='0' ajax='0']