The right of appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is conferred on any aggrieved party, not just the senior citizen or parent. Section 17 of the Act, which barred legal representation, could not be applied to proceedings under the Act after Section 30 of the Advocates Act, 1961, came into force on 15 June 2011.

SANJAY KISHAN KAUL, J.

The changing norms of a society raise various problems. Our society, possibly more in the urban areas, is today faced with the ground reality of a unitary family, rather than a joint family where different generations live together. There are various causes for this easier movement for employment, requirement of greater privacy of the younger generation, the ability and the need to lead their lives etc. Simultaneously, the kind of welfare measures and support system required for the parents and aged persons have not kept pace with it as may be in the western countries. There is absence of social security system to take care of the older generation. And this is coupled with longevity as a consequence of better medical assistance.

2. One of the steps taken by the Legislature in support of the parents and senior citizens is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act). However, in the urgent need for the said enactment, we do feel that possibly the fine tuning of certain provisions has escaped attention as is being elucidated by us hereinafter.

3. The very statement of objects and reasons of the said Act has referred to the traditional norms and values of the Indian society which laid stress on providing care for the elderly, but due to the withering of the joint family system, a large number of elderly are not being looked after by their family. It is observed that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. It is perceived that the procedure for claiming maintenance under the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.) is time consuming as well as expensive and, thus, the need to have a simple, inexpensive and speedy provisions to claim maintenance for the parents.

4. However, while framing the provisions of the said Act, the Legislature has gone much beyond the aspect of maintenance as rights in property have become involved with that aspect not only affecting the senior citizens and their progenies-inter se rights, but even capable of affecting third party rights. Thus, the matter is not so simple as the statement of objects and reasons states, but on the other hand, there are certain provisions which are bound to give rise to more complex legal issues where rights in immovable properties are sought to be negated on pleas such as fraud, coercion and undue influence. In fact, even presumptions are sought to be drawn by introducing a deeming provision in certain situation.

PROVISIONS OF THE ACT NEEDING A RELOOK:

5. We would like to delve in a little more detail qua the over all scheme of the said Act to appreciate the controversy at hand. Section 2(a) while dealing with the definition of children includes son, daughter, grandson and grand-daughter, but excludes a minor. The definition is, thus, expansive and puts the obligation not only on the next generation, but even on a generation thereafter even if the next generation is present. Similarly, the definition of property in Section 2(f) is also expansive to include movable or immovable, ancestral or self-acquired, tangible or intangible including rights and interests in such property. Thus, all aspects of property are sought to be roped in. The definition clauses contained in Section 2 of the said Act are followed by Section 3 which gives the provisions of the Act an overriding effect notwithstanding anything contained inconsistent therewith in any other enactment.

6. Maintenance of parents and senior citizens is contained in Chapter II starting from Section 4. The obligation of the children or relative to maintain a senior citizen extends to the needs of a senior citizen to lead a normal life. The provisions have also taken into consideration that the next generation inherits the properties from their parents and yet are unwilling during the life time of the