Senior Citizens Act 2007: claiming maintenance from children and cancelling a property transfer

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a parent (including a grandparent or step-parent) or a senior citizen aged 60 or above who cannot maintain themselves can apply to a Maintenance Tribunal, usually headed by the Sub-Divisional Officer, for a monthly allowance from their adult children or grandchildren. A childless senior citizen can claim from the relative who would inherit their property. The tribunal can order up to ₹10,000 a month (section 9, unless a state has set its own maximum within the Act), should decide within 90 days, and does not allow lawyers to appear for the parties. Under section 23, if a senior citizen gifted or transferred property on the condition that the recipient would provide basic amenities and care, and that condition is broken, the tribunal can declare the transfer void.

This guide is part of the mistakes and disputes section. For maintenance between spouses, see maintenance and streedhan.

Who can claim, and from whom

"Maintenance" includes food, clothing, residence, medical attendance and treatment. The obligation is to meet the needs so the parent can lead a normal life.

Procedure, step by step

1. Application. The senior citizen or parent (or an authorised person or a registered voluntary organisation on their behalf) applies to the tribunal where they live or last lived, or where the children live. Some states accept online applications.
2. Notice. The tribunal issues notice to the children or relatives.
3. Interim maintenance. The tribunal can order interim maintenance while the application is pending.
4. Conciliation. The tribunal can refer the matter to a conciliation officer; many cases settle.
5. Inquiry and order. A summary inquiry. The Act aims for a decision within 90 days of service of notice, extendable by up to 30 days in exceptional circumstances.
6. Payment. The order states the amount and date. The tribunal can add simple interest of 5% to 18% from a date not earlier than the application (section 14) and can issue a warrant to levy the amount due; a person who fails to pay without sufficient cause can be imprisoned for up to a month for each month's unpaid allowance, or until payment.
7. Appeal. A senior citizen or parent aggrieved by the order can appeal to the Appellate Tribunal, usually the District Magistrate, within 60 days.

No lawyers: under section 17, parties cannot be represented by a legal practitioner before the tribunal. The proceedings are meant to be simple, cheap and quick.

Worked example (illustrative)

Saroja, 72, a widow with a small pension of ₹6,000 a month, lives alone. Her monthly expenses for food, medicines and rent are about ₹18,000. Her two adult sons earn ₹60,000 and ₹45,000 a month.

• Shortfall: ₹18,000 − ₹6,000 = ₹12,000 a month
• The tribunal's ceiling is ₹10,000 a month in total (unless her state's rules allow more), so it might order the sons to pay ₹10,000 between them, perhaps about ₹5,700 and ₹4,300 if split in proportion to their incomes (60:45)
• She can also claim under BNSS section 144 in a magistrate's court, where there is no statutory cap, but the procedure is less informal

Section 23: cancelling a gift or transfer

Section 23(1) applies when a senior citizen, after the Act came into force, transferred property by gift or otherwise subject to the condition that the transferee would provide basic amenities and physical needs, and the transferee refuses or fails to do so. The transfer is then deemed to have been made by fraud, coercion or undue influence, and the tribunal can declare it void at the senior citizen's option.

Key points from case law:

• In Sudesh Chhikara v. Ramti Devi (December 2022) the Supreme Court said two conditions must be shown: the transfer was subject to a condition of care, and the transferee broke it.
• In Urmila Dixit v. Sunil Sharan Dixit (January 2025), the Supreme Court set aside a gift deed after the son failed to care for his mother as the deed promised, held that the tribunal can also order possession to be handed back, and said the Act is beneficial legislation to be interpreted liberally.
• In S. Vanitha v. Deputy Commissioner, Bengaluru (2020), the Supreme Court held that a tribunal order under the Act cannot be used to defeat a daughter-in-law's right of residence under the Domestic Violence Act without considering it.

Tip. If you transfer property to a child, write the condition of care into the gift deed. It makes section 23 much easier to use if things go wrong. Better still, consider a will, which takes effect only on death and can be changed at any time. See how to make a valid will.

Other protections in the Act

• Abandonment of a senior citizen by a person who has their care is an offence punishable with up to three months' imprisonment, a fine of up to ₹5,000, or both (section 24).
• States must set up old age homes, at least one per district over time, and ensure medical facilities for senior citizens.
• The police must protect the life and property of senior citizens under state action plans.

A 2019 amendment bill, which would have removed the ₹10,000 ceiling, lapsed when the Lok Sabha was dissolved in 2024, as the ministry confirmed in Parliament in December 2025. As of October 2026 the ceiling still applies; check the e-Gazette for any later amendment before relying on new limits.

Frequently asked questions

Can a daughter be ordered to pay maintenance?

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

Is ₹10,000 a month the maximum everywhere?

The Act sets ₹10,000 as the maximum the tribunal can order. Check your state's rules. Under BNSS section 144 there is no fixed cap.

Can I get my house back if my son stops caring for me?

Under section 23, if you transferred it after 2007 on a condition of care and he broke that condition, the tribunal can declare the transfer void. Evidence of the condition matters.

Does the Act apply if my children live abroad?

You can apply, but enforcing an order abroad is difficult. Talk to the tribunal and to your Legal Services Authority, which gives free advice to senior citizens who qualify.

Sources

• Ministry of Social Justice and Empowerment — the Act, state rules and senior citizen schemes
• India Code — Maintenance and Welfare of Parents and Senior Citizens Act, 2007
• Supreme Court of India — judgments on section 23
• National Legal Services Authority — free legal aid, helpline 15100
• Elderline 14567 — national helpline for senior citizens (check the ministry's site for current details)