The maintenance and welfare of parents and senior citizens act, 2007

S.1 Short title, extent, application and commencement.

(1) This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

(2) It extends to the whole of India ¹*** and it applies also it citizens of India outside India.

(3) It shall come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Definitions.

In this Act, unless the context otherwise requires,--

(a) "children" includes son, daughter, grandson and grand-daughter but does not include a minor;

(b) "maintenance" includes provisions for food, clothing, residence and medical attendance and treatment;

(c) "minor" means a person who, under the provisions of the Majority Act, 1875 (9 of 1875) is deemed not to have attained the age of majority;

(d) "parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a seni

S.3 Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.

S.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 exten

S.5 Application for maintenance.

(1) An application for maintenance under section 4, may be made--

(a) by a senior citizen or a parent, as the case may be; or

(b) if he is incapable, by any other person or organisation authorised by him; or

Explanation.--For the purposes of this section "organisation" means any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being in force.

(2) The Tribunal may, during the pen

S.6 Jurisdiction and procedure.

(1) The proceedings under section 5 may be taken against any children or relative in any district--

(a) where he resides or last resided; or

(b) where children or relative resides.

(2) On receipt of the application under section 5, the Tribunal shall issues a process for procuring the presence of children or relative against whom the application is filed.

(3) For securing the attendance of children or relative the Tribunal shall have the power of a Judicial Magistrate of first class as provided under the Code of Criminal Procedure, 1973 (2 of 1974).

(4) All evidence to such pr

S.7 Constitution of Maintenance Tribunal.

(1) The State Government shall within a period of six months from the date of the commencement of this Act, by notification in Official Gazette, constitute for each Sub-division one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under section 5.

(2) The Tribunal shall be presided over by an officer not below the rank of Sub- Divisional Officer of a State.

(3) Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

S.8 Summary procedure in case of inquiry.

(1) In holding any inquiry under section 5, the Tribunal may, subject to any rules that may be prescribed by the State Government in this behalf, follow such summary procedure as it deems fit.

(2) The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

(3) Subject to any rule that may be made in this behalf, the Tribunal may, for the purpose of adjudicating and deciding upon any claim for maintenance, choose one or more persons possessing special knowledge of

S.9 Order for maintenance.

(1) If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct.

(2) The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month.

S.10 Alteration in allowance.

(1) On proof of misrepresentation or mistake of fact or a change in the circumstances of any person, receiving a monthly allowance under section 9, for the maintenance ordered under that section to pay a monthly allowance for the maintenance, the Tribunal may make such alteration, as it thinks fit, in the allowance for the maintenance.

(2) Where it appears to the Tribunal that, in consequence of any decision of a competent Civil Court, any order made under section 9 should be cancelled or varied, it shall cancel the order or, as the case may be, vary the same accordingly.

S.11 Enforcement of order of maintenance.

(1) A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.

(2) A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be executed in the manner prescribed for the execution of such order by that Code.

S.12 Option regarding maintenance in certain cases.

Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may, without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under either of those Acts but not under both.

S.13 Deposit of maintenance amount.

When an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such order shall within thirty days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct.

S.14 Award of interest where any claim is allowed.

Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interest shall also be paid at such rate and from such date not earlier than the date of making the application as may be determined by the Tribunal which shall not be less than five per cent. and not more than eighteen per cent.:

Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) is pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such application on the request of the parent and such parent shall be entitled to file an application for maintenance before the Tribunal.

S.15 Constitution of Appellate Tribunal.

(1)The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each district to hear the appeal against the order of the Tribunal.

(2) The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.

S.16 Appeals.

(1) Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:

Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the manner directed by the Appellate Tribunal:

Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respond

S.17 Right to legal representation.

Notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner.

S.18 Maintenance Officer.

(1) The State Government shall designate the District Social Welfare or an officer not below the rank of a District Social Welfare Officer, by whatever name called as Maintenance Officer.

(2) The Maintenance Officer referred to in sub-section (1), shall represent a parent if he so desires, during the proceedings of the Tribunal, or the Appellate Tribunal, as the case may be.

S.19 Establishment of oldage homes.

(1) The State Government may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent.

(2) The State Government may, prescribe a scheme for management of old age homes, including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.

Explanation.--For the purposes of this section, "indigent" means any senior citizen who is not having sufficient means, as determined by the State Government, from time to time, to maintain himself.

S.20 Medical support for senior citizens.

The State Government shall ensure that,--

(i) the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible;

(ii) separate queues be arranged for senior citizens;

(iii) facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;

(iv) research activities for chronic elderly diseases and ageing expanded;

(v) there are earmarked facilities for geriatric patients in every district

S.21 Measures for publicity, awareness, etc., for welfare of senior citizens.

The State Government shall, take all measures to ensure that--

(i) the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;

(ii) the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act;

(iii) effective co-ordination between the services provided by the concerned Ministries or Departments dealing with law, home affairs, health and welfare, to address the issues relating to the welfare of the senior citizens and perio

S.22 Authorities who may be specified for implementing the provisions of this Act.

(1) The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.

(2) The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

S.24 Exposure and abandonment of senior citizen.

Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousands rupees or with both.

S.25 Cognizance of offences.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and bailable.

(2) An offence under this Act shall be tried summarily by a Magistrate.

S.26 Officers to be public servants.

Every officer or staff appointed to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code(45 of 1860).

S.27 Jurisdiction of civil courts barred.

No Civil Court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act.

S.28 Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.

S.29 Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.

S.30 Power of Central Government to give directions.

The Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act.

S.31 Power of Central Government to review.

The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

S.32 Power of State Government to make rules.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for--

(a) the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;

(b) the power and procedure of the Tribunal for other purposes under sub-section (2) of section 8;

S.23 Transfer of property to be void in certain circumstances.

(1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.

(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.

Legal Comments

Scope of Act - Section 23 governs invalidation of property transfers by a senior citizen on grounds of failure by the transferee to provide basic amenities and maintenance; it applies to conveyances after commencement of the Act (24 Aug 2008) and is not retroactive to earlier transfers. ["04200000825"]
Post-commencement limitation - Section 23 can be invoked only in respect of conveyances effected after the Act commenced; earlier mutations/transactions pre-commencement fall outside its scheme. ["04200000825"]
Explicit conditioning requirement - For a transfer to be void under Section 23(1), the deed must contain an express condition that the transferee will provide maintenance/basic amenities to the transferor; absence of such explicit condition can defeat invocation. ["S. Sundarraj VS District Collector, Madurai District"]
Implicit/obvious expectation - Even without an express clause, courts have recognized an implied expectation of care/maintenance, but lack of explicit conditioning has led some judgments to quash Section 23 cancellation where evidence of obligation is lacking in the deed. ["Radhamani VS State of Kerala"]
Jurisdiction of Tribunal - Section 23 empowers Maintenance Tribunals to declare void transfers if conditions are unmet; however, tribunals must operate within statutory confines, and in some cases their orders have been set aside for lack of jurisdiction or for not following due process. ["Sh. Aditya Gupta VS Sh. Narender Gupta"]
Transfer vs. maintenance focus - The Act is welfare-centric; while it can affect property transfers, its primary objective is the welfare of senior citizens, not merely resolving internal family property disputes. Courts emphasize welfare over rigid property outcomes. ["Chattan Singh vs Deputy Commissioner-cum-Presiding Officer, Maintenance Appellate Tribunal"]
Proof of maintenance - To invoke 23(1)/(2), there must be proof of failure to provide basic amenities and/or maintenance; mere allegations without documentary or evidentiary support are often insufficient to sustain cancellation. ["Mita Panda VS Minati Chakrabarty"]
Gift deeds and conditions - A gift deed without express maintenance conditions can be attacked only if Section 23 conditions are satisfied; tribunals cannot import conditions ex officio from surrounding circumstances without explicit indication in the document. ["Biplab Ganguly VS Biswanath Ganguly"]
Remedies after cancellation - When transfer is held void, restoration to the senior citizen and status quo ante are possible; courts often direct restoration of possession or re-conveyance while addressing maintenance obligations. ["Promil Tomar VS State of Haryana"]
Overriding vs. other statutes - In cases involving competing remedies (e.g., DV Act, eviction rights), courts emphasize harmonization but recognize that Section 23’s non-obstante effects do not automatically trump other protections; context matters. ["04200005339"]
Interim relief concerns - Securing maintenance or relief under Section 23 on an interim basis cannot be treated as final relief; courts require caution, noting that interim orders cannot ordinarily grant final eviction or cancel transfers absent exceptional circumstances. ["Suresh Sharma VS Dhanwanti Sharma"]
Eviction as a remedy - Eviction of adult children from a senior citizen’s dwelling can be ordered under Section 23 when maintenance concerns are involved, provided ownership or occupancy rights are established and due process observed. ["Sunny Paul VS State of NCT of Delhi"]
Relative definition limits - The Act’s reach to “relatives” excludes certain distant relations; jurisdiction for eviction/maintenance requires careful application of who qualifies as a relative under the Act. ["Pramod. V. , S/o. Devu VS Vimala. V, D/o. Chirutha"]
Pre-requisites on transfer documents - Several rulings require that a transfer document either expressly or implicitly reflect the maintenance obligation; mere familial affection is insufficient to sustain cancellation under Section 23. ["Radhamani VS State of Kerala"]
Non-application to certain transfers - Not all transfers (e.g., certain gifts) fall under Section 23; lack of conditionality or compliance can lead to dismissal of Section 23 relief, and civil avenues may be appropriate. ["Debashish Mukherjee @ Zen Acharya VS Sanjib Mukherjee"]
Overriding effect with other acts - Section 23 interacts with other statutes (e.g., 2005 DV Act); courts may harmonize but cannot wholly override protections for spouses/daughters-in-law where appropriate. ["04200005339"]
Role of evidentiary standards - Courts stress that evidence beyond pleadings is limited in quasi-judicial Section 23 proceedings; commissions must consider documentary evidence and conduct a fair hearing. ["Mita Panda VS Minati Chakrabarty"]
Preservation of care obligations - Courts repeatedly affirm that once a transfer is found void, the obligation to maintain and care for the senior citizen persists, guiding future arrangements and remedies. ["S. Sundarraj VS District Collector, Madurai District"]
Consequences of non-compliance - When a transferee fails to provide maintenance, courts may cancel the transfer and restore property rights to the senior citizen; however, the precise remedy depends on the deed language and factual matrix. ["Jayantram Vallabhdas Meswania VS Vallabhdas Govindram Meswania"]
Gift vs. settlement nuance - Section 23 applies to gifts and settlements; courts evaluate whether conditionalities exist and whether the transfer was executed after Act commenced, shaping the remedy. ["G. Kteswar Rao VS G. Adilaxmi"]
Restorative remedy principle - Several decisions emphasize restoring the senior citizen to the prior position, with maintenance commitments enforced, rather than punitive nullification of all rights. ["Promil Tomar VS State of Haryana"]
Procedural prudence - While Section 23 provides a special remedy, tribunals must adhere to due process and not misconstrue Section 23 as a catch-all for all family-property disputes. ["Manoranjan Gope vs Bhuban Gope"]
Interplay with mutation/registration - Section 23 decisions interact with mutation entries and property records; post-commencement conveyances are the focus, while older mutations may remain unaffected. ["04200000825"]
Final synthesis - Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a targeted framework: (i) conveyance after commencement; (ii) explicit or implicit maintenance obligation; (iii) tribunal jurisdiction to declare void; (iv) remedy includes restoration and maintenance enforcement, all while balancing other statutory rights. [Compilation of sources above]