Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (commonly called the Senior Citizen Maintenance Act), any parent or senior citizen aged 60 years or above who is unable to maintain themselves from their own earnings or property has a legal right to claim monthly maintenance from their children or relatives. Applications are filed before a Maintenance Tribunal set up by each State Government, and the tribunal can order up to Rs 10,000 per month under the central Act (many states have enhanced this limit by their own rules). There is no court fee for filing the application, and the process is designed to be completed within 90 days, extendable to 180 days in exceptional circumstances.
This guide explains who can claim, against whom the claim lies, how to file step-by-step, what documents are needed, realistic timelines, and what happens if the order is not obeyed — so that senior citizens and their families can understand and exercise these rights confidently.
What Is the Senior Citizen Maintenance Act, 2007?
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a central legislation that casts a legal duty on children and certain relatives to provide maintenance to parents and senior citizens who cannot support themselves. It supplements — but does not replace — Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (earlier Section 125 CrPC) which also allows maintenance claims. The 2007 Act creates a faster, tribunal-based remedy specifically tailored for elderly persons.
Key objectives of the Act include: ensuring basic needs (food, clothing, residence, medical attendance) of senior citizens are met; providing a simple and speedy forum; and enabling tribunals to void property transfers made under coercion or on a promise of maintenance that was not honoured.
Who Can Claim Maintenance Under This Act?
The following persons are entitled to claim maintenance:
- Parents — biological or adoptive, irrespective of age, who are unable to maintain themselves.
- Senior Citizens — any Indian citizen aged 60 years or above who cannot maintain themselves from earnings or property, including those who have no children.
- A childless senior citizen can claim from a relative who is likely to inherit their property.
Importantly, the Act covers both mothers and fathers and extends to step-parents in some state amendments. The 2019 Amendment Bill (pending full parliamentary enactment as of the date of this guide) proposes to expand definitions further, but the 2007 Act as amended by states remains the operative law across India.
Against Whom Can the Claim Be Filed?
As defined under Section 2 of the Act, the following persons are obligated to pay maintenance:
- Children — sons and daughters, including adult children and those who are minors through their guardian, who possess sufficient means.
- Grandchildren — if the parents/grandparents have no children, grandchildren who have or will inherit the senior citizen's property can be made liable.
- Relatives — any person who is a legal heir and is likely to inherit the senior citizen's property, where the senior citizen has no children or grandchildren.
A daughter-in-law or son-in-law is not directly liable under this Act, though they may be indirectly affected if the senior citizen occupies the family home. Children living abroad are also covered — the tribunal can proceed against them through their representatives or guardians in India.
What Maintenance Amount Can Be Claimed?
The central Act caps the monthly maintenance at Rs 10,000 per month. However, several state governments — including Maharashtra, Himachal Pradesh, and Himachal Pradesh — have exercised their power to prescribe higher caps through state rules. The actual amount awarded depends on:
- The income and property of the children or relatives.
- The reasonable needs of the senior citizen (food, medical, housing).
- The number of children sharing the obligation.
- Whether the senior citizen has any independent income or assets.
Medical expenses and residence costs can be included in the maintenance calculation. The tribunal has discretion to fix interim maintenance during the pendency of the application.
Which Forum Has Jurisdiction and How Is It Constituted?
Each state must designate a Maintenance Tribunal, which is typically an officer not below the rank of Sub-Divisional Magistrate (SDM) or Sub-Divisional Officer. An Appellate Tribunal (usually the District Magistrate or District Collector) hears appeals against tribunal orders. This is a civil, revenue-side forum — not a criminal court — making it accessible and less intimidating for elderly applicants.
Proceedings before the Maintenance Tribunal are summary in nature. Lawyers may appear, but the senior citizen can also appear in person or through an authorised representative such as a social worker or non-governmental organisation empanelled under the Act.
Step-by-Step: How to File a Maintenance Application
Follow these steps to initiate a claim under the Senior Citizen Maintenance Act:
- Obtain the application form from the office of the Sub-Divisional Magistrate or the designated Maintenance Tribunal in the district where the senior citizen resides. Some states also allow online submission — check your state's Social Welfare Department portal for availability. The senior citizen maintenance application format is available online for reference.
- Fill in the application with details of the applicant (name, age, address, proof of age), the respondent children/relatives (names, addresses, occupations, approximate income), and the specific maintenance amount sought with reasons.
- Attach supporting documents: proof of age (Aadhaar, birth certificate, voter ID), proof of relationship (birth certificates of children, marriage certificate), income/property details of respondent children, medical records if claiming medical expenses, and bank statements showing inability to self-maintain.
- File the application at the Maintenance Tribunal office. There is no filing fee. Obtain a date-stamped acknowledgement copy.
- Tribunal issues notice to the children/relatives named as respondents, directing them to appear on a specified date.
- Conciliation attempt: the tribunal first attempts conciliation (mediation) between the parties. If a settlement is reached, it is recorded and is enforceable as a tribunal order.
- Hearing and evidence: if conciliation fails, the tribunal conducts a summary hearing. Both sides may submit documents and brief oral submissions. The process is kept simple — complex cross-examination as in civil courts is not the norm.
- Order: the tribunal passes a maintenance order, ideally within 90 days of the application. The order specifies the monthly amount, by whom, and the date of payment each month.
- Appeal: if either party is aggrieved, an appeal lies to the Appellate Tribunal (District Magistrate/Collector) within 60 days of the order.
What If the Children Refuse to Pay After an Order?
Non-compliance with a maintenance order is a serious matter under the Act. If a child fails to comply with the tribunal's order without sufficient cause, the tribunal can issue a warrant for the recovery of the amount as arrears of land revenue. This means the government machinery (revenue department) can recover the amount by attaching the defaulter's movable or immovable property. Additionally, the defaulting child can face imprisonment of up to one month under the Act's enforcement provisions.
Senior citizens facing non-compliance should bring the fact to the tribunal's attention in writing immediately. Keeping records of missed payments (bank statements, written communications) is essential evidence for enforcement proceedings.
Can Property Transferred to Children Be Cancelled?
Yes — this is one of the most powerful provisions of the Act. Under Section 4 read with related provisions, if a senior citizen has transferred their property to a child or relative on the condition (express or implied) that the transferee will maintain them, and that condition is not fulfilled, the Tribunal can declare such transfer void. The property then reverts to the senior citizen. This is a critical protection against situations where children obtain property through gift deeds or family settlements and subsequently abandon or neglect their parents.
The application to void such a transfer must generally be made within three months of the cause arising (i.e., the breach of the maintenance promise), though tribunals have some discretion on delay.
Other Legal Avenues Available to Senior Citizens
The 2007 Act is not the only remedy. Senior citizens may also consider:
- Section 125 BNSS (formerly Section 125 CrPC): a magistrate's court can order maintenance. Our guide on maintenance and alimony under Section 125 BNSS explains this route in detail. It has no monetary cap and is enforceable as a criminal order.
- Hindu Adoption and Maintenance Act, 1956: for Hindu families, maintenance rights arise under this Act as well, through civil courts.
- Protection of Women from Domestic Violence Act, 2005: if a senior citizen woman is also a victim of domestic abuse, she can seek maintenance and residence orders from a Magistrate under this Act.
- Grievance portals: for general welfare complaints, senior citizens can use the Centralised Public Grievance Redress portal to escalate issues to concerned government departments.
Common Mistakes to Avoid
- Waiting too long after a property transfer before filing — time limits can bar the claim to void the transfer.
- Not keeping documentary proof of the relationship or the children's income, which weakens the case.
- Naming the wrong respondent (e.g., a daughter-in-law instead of the son).
- Withdrawing the application under family pressure and then finding it difficult to re-file.
- Not disclosing all sources of personal income, which the tribunal must weigh fairly.
When Should You Consult an Advocate?
While the Senior Citizen Maintenance Act is designed for self-representation, consulting an experienced family law advocate is advisable when: the children contest the claim aggressively; there is a dispute over property transferred by way of gift deed; the respondent children live outside India; or the case involves parallel criminal complaints. You can ask a legal question to get general guidance, or browse advocates by city and practice area to find a family law specialist near you. For related questions from other readers on family law, the divorce and family law Q&A section is a useful resource. You can also explore all legal guides on LegalFirms.in for further reading on connected topics.
This guide is general legal information, not legal advice. Laws and procedures may vary by state and change over time. Consult a qualified advocate for advice specific to your situation.
Step-by-Step Process
Determine eligibility and the right respondent
Confirm you are a parent (any age) or senior citizen (60+) unable to self-maintain, and identify which adult children or property-inheriting relatives are liable under the Act. Gather basic information about their income and residence.
Collect documents
Assemble proof of age (Aadhaar card, voter ID, birth certificate), proof of relationship (birth certificates of children, marriage certificate), any medical records supporting maintenance needs, bank statements showing inadequate income, and details of any property previously transferred to the respondent.
Obtain and fill the application form
Get the prescribed application form from the Sub-Divisional Magistrate's office or the designated Maintenance Tribunal in your district. Some states offer it online through the state Social Welfare Department portal. Fill in all sections accurately, including the specific monthly amount sought and the reasons.
File the application at the Maintenance Tribunal
Submit the completed form along with supporting documents at the Maintenance Tribunal office. No filing fee is payable. Collect a date-stamped acknowledgement of your application for your records.
Attend the conciliation session
The tribunal will schedule a conciliation hearing where both parties are encouraged to reach a mutually agreed settlement. If successful, the settlement is recorded as a binding order. If unsuccessful, the matter proceeds to a formal hearing.
Participate in the summary hearing
Present your documents and brief oral submissions before the tribunal. The process is summary (simplified) and should be completed within 90 days of filing. The tribunal may also grant interim maintenance during this period if applied for.
Receive and preserve the tribunal's order
Once the order is passed, keep multiple certified copies. Note the payment amount, due date each month, and the name of the person directed to pay. File the order copy safely as it will be needed for enforcement if payment is not made.
Enforce the order if payment is not made
If a child defaults, approach the Maintenance Tribunal with proof of non-payment. The tribunal can order recovery as arrears of land revenue (attachment of property) and may direct imprisonment of up to one month for the defaulter.
Appeal if the order is unsatisfactory
If you or the respondent is dissatisfied with the tribunal's order, file an appeal before the Appellate Tribunal (usually the District Magistrate or District Collector) within 60 days of the order. Submit a written memorandum of appeal with certified copies of the original order and relevant documents.