Senior citizens

Rights of senior citizens and parents

A parent, or anyone aged 60 or more, who cannot look after themselves from their own income or property can make their children or heirs pay a monthly allowance. A Tribunal decides, in a simple procedure meant to be quick. Property given to children on a promise of care can be taken back if the promise is broken.

Law checked on 13 November 2026.

Helpline: Elder Line 14567
Allowance up to: Rs 10,000 a month
Tribunal decides in: 90 days of notice
Appeal within: 60 days
Law: Senior Citizens Act, 2007

Help now

Elder Line, 14567. The national helpline for senior citizens, run by the Ministry of Social Justice and Empowerment. Free, 8 am to 8 pm, every day: information, guidance, emotional support and help in cases of abuse.
Emergency, 112. If someone is in danger now.
Free legal aid, 15100. The NALSA helpline. A senior woman, and anyone below the income limit, qualifies for a free lawyer. Who qualifies.

Who can claim, and from whom

A parent, whether biological, adoptive or step, of any age, who cannot maintain themselves, can claim from their children: a son, daughter, grandson or granddaughter who is not a minor.
A senior citizen, anyone aged 60 or more, who has no children can claim from the relative who has their property or will inherit it.
Maintenance covers food, clothing, a place to live, and medical care and treatment.

The duty is to let the parent or senior citizen lead a normal life (section 4). It falls on daughters as much as sons.

How to apply to the Maintenance Tribunal

Where. The Tribunal of the district where you live or last lived, or where the children or relative live (section 6(1)). It is headed by an officer of the rank of Sub-Divisional Officer (section 7); ask at the SDM's office.
Who applies. The parent or senior citizen; if they cannot, anyone they authorise, including a voluntary organisation. The Tribunal can also act on its own (section 5(1)).
While it is decided. The Tribunal can order a monthly allowance for the time being, and the costs of the case (section 5(2)).
How long. The Tribunal should decide within 90 days of serving notice on the children or relative, extendable once by 30 days (section 5(4)).
How much. A monthly allowance up to the limit your State sets, never more than Rs 10,000 (section 9), and interest of 5 to 18 per cent can be ordered on it (section 14).
Appeal. A parent or senior citizen unhappy with the order can appeal to the Appellate Tribunal within 60 days (section 16).

The Act says parties are not to be represented by a lawyer before the Tribunal (section 17), though some High Courts have allowed it. The Maintenance Officer of the district will represent a parent who asks (section 18).

Senior Citizens Act: the full guide

Know your rights: maintenance from children and heirs

Property given on a promise of care

If you gave property by gift or otherwise on the condition that you would be looked after, and that is not done, the Tribunal can declare the transfer void (section 23(1)). In January 2025 the Supreme Court held that the Tribunal can also order the property handed back, and restored a mother's house that her son had received by gift deed (Urmila Dixit v. Sunil Sharan Dixit).

Keep the deed and anything that shows the promise of care: the deed's own words, letters, messages, or people who heard it.

This Act or the Magistrate

Parents can also claim maintenance from the Magistrate under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (section 125 of the old Code of Criminal Procedure). You choose one: the same claim cannot be made under both (section 12).

Abandoning a senior citizen is a crime

Anyone who has the care of a senior citizen and leaves them anywhere intending to abandon them can be punished with up to three months in prison, or a fine of up to Rs 5,000, or both (section 24). It is a cognizable and bailable offence (section 25): the police can act on a complaint without waiting for a court's order.

Other rights pages

Court marriageNotice, 30 days, three witnesses, the certificate Disability rightsCertificate and UDID card, reserved seats and posts, complaints SC/ST Atrocities ActThe FIR, your rights in court, the relief due Free legal aidWho gets a free lawyer, and where to apply

Free tools for this

Maintenance and alimony guideWho can claim maintenance under Section 144 BNSS (Section 125 CrPC before July 2024), how to apply, interim maintenance and how an order is enforced.Open the tool Legal heirs and successionWho inherits when a Hindu dies without a will: Class I and Class II heirs under the Hindu Succession Act 1956, the shares, and daughters as coparceners since 2005.Open the tool Stamp duty calculatorStamp duty and registration charges on a property deed, read from each state's own rules.Open the tool

Advocates and firms who take some pro bono matters

Each said so on their own LegalFirms.in profile, and decides case by case which matters to take without a fee. Listed profiles only, A to Z; LegalFirms.in does not rank them. Open a profile to send an enquiry directly, and say that you are asking for pro bono help.

Advocates (3)

Adv. Prakash C SoniIndore, Madhya PradeshFamily and matrimonial, Domestic violence, Women's rights, Children and custody, Criminal defence and bail, Senior citizens and maintenance
Adv. Renu SinghDelhiFamily and matrimonial, Domestic violence, Women's rights, Criminal defence and bail, Wages and workplace, Civil rights and discrimination
Adv. Sharma ShivamDelhiFamily and matrimonial, Domestic violence, Criminal defence and bail, Tenancy and eviction, Consumer complaints, Civil rights and discriminationSays they are registered with Nyaya Bandhu

Law firms (1)

RSA PARTNERSNoida, Uttar PradeshFamily and matrimonial, Domestic violence, Criminal defence and bail, Wages and workplace, Consumer complaints, Civil rights and discrimination

Want an advocate to help a parent or a senior citizen? Tell us what has happened and where the parent lives. Sending an enquiry is free. It goes to advocates who handle this kind of matter, and your number goes only to those who open it.

Questions people ask

Can a parent below 60 claim maintenance?

Yes. A parent can claim from their children whatever their age, if they cannot maintain themselves. The age of 60 matters for a senior citizen who has no children.

Can a daughter be asked to pay?

Yes. "Children" in the Act means sons, daughters, grandsons and granddaughters who are not minors.

How much can the Tribunal order?

Up to the limit your State sets, and never more than Rs 10,000 a month (section 9).

Can I get back a house I gifted to my son?

If the gift was made on the condition that he would look after you and he does not, the Tribunal can declare it void (section 23), and the Supreme Court has held it can order possession given back (Urmila Dixit, 2025).

Do I need a lawyer?

Not before the Tribunal. The Act keeps lawyers out (section 17), and the Maintenance Officer can represent a parent (section 18). An advocate can still help you prepare, and for an appeal or a property dispute.

Whom do I call first?

Elder Line, 14567, from 8 am to 8 pm. In an emergency, 112.

Sources

General information on Indian law, not legal advice for your situation. Time limits and procedure can turn on facts and on State law; an advocate can tell you how they apply to you.