A non-legal heir of a senior citizen is not considered a 'relative' for maintenance obligations under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

JUDGMENT :

Sathish Ninan, J.

The Maintenance and Welfare of Parents and Senior Citizens Act , 2007 (for short, “the Act”) provides for the maintenance and welfare of parents and senior citizens. Is a person who is in possession of the property of the senior citizen bound to maintain him even if he is not a legal heir of the senior citizen? It was answered in the affirmative in the impugned judgment.

2. Shorn of details, the necessary facts for the disposal of the appeal are as under: -

3. The third respondent is a senior citizen. She is unmarried and issueless. On 30.10.1992, she executed Ext.P5 Gift Deed in favour of her nephew, conveying the property to him. The nephew died in the year 2008. The property devolved on his wife, who is the appellant herein. The third respondent claims that the appellant is bound to maintain her in terms of Section 4 (4) of the Act.

4. The Tribunal held that the appellant is bound to maintain the 3^rd respondent. The appeal filed against the same by the appellant was dismissed as not maintainable. The orders were sought to be challenged in W.P(C).14830 of 2018. The writ petition was dismissed by the learned single judge holding that, if the person against whom maintenance is claimed is in possession of or would inherit the property of the senior citizen, then he would be construed as a “relative” in terms of Sections 2 (g) and 4(4) of the Act, rendering him liable to maintain the senior citizen.

5. Section 4 of the Act reads thus: -

“4. Maintenance of parents and senior citizens.— (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under Section 5 in case of —

(i) parent or grand-parent, against one or more of his children not being a minor;

(ii) a childless senior citizen, against such of his relative referred to in clause (g) of Section 2

(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.

(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen.” (emphasis supplied)

The Section entitles a parent to seek for maintenance under Section 5 against his children, and if a person is a childless senior citizen, then, against a ‘relative’ defined under Section 2 (g) of the Act. The liability to maintain a senior citizen is on a 'relative' of the senior citizen. To attract the section, (i) He must be a relative of the senior citizen; (ii) He must have sufficient means to maintain the senior citizen; and (iii) He must be in possession of the property of the senior citizen or he would inherit his property.

6. The term “relative” as defined under Section 2 (g) of the Act reads thus: -

“(g) “relative” means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death.”

The definition has four limbs; (i) The senior Citizen must be childless; (ii) The person against whom maintenance is claimed must be a legal heir of the senior citizen; (iii) Such legal heir must not be a minor; and (iv) Such legal heir must be in possession of the property of the senior citizen or would inherit his property after his death.

7. The first condition to be satisfied is that he must be a person in the class/group of legal heirs of the senior citizen. A ‘legal heir’ is a person who, under the personal law, is entitled to inherit the estate of the deceased. The classes of per