The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 lets parents and citizens aged sixty or over apply to a Maintenance Tribunal headed by the Sub-Divisional Magistrate for monthly maintenance from children or heirs. The Tribunal can also declare void a transfer of property made on the condition that the transferee would care for the senior, and under state rules can order eviction of children or relatives who ill-treat them. The procedure is summary and lawyers are not required.
- Forum
- Maintenance Tribunal (SDM)
- Target disposal
- 90 days
- Transfers
- Voidable under section 23
- Who can apply
- Senior, or someone authorised
What the 2007 Act provides
The Act places a legal duty on adult children, including adopted and stepchildren, to maintain a parent who cannot maintain themselves from their own earnings or property, and on relatives who stand to inherit from a childless senior citizen. "Maintenance" covers food, clothing, residence, medical attendance and treatment.
The application goes to the Tribunal for the district where the senior lives or where the child lives. It may be made by the senior, by any person or registered organisation they authorise, or taken up by the Tribunal itself. Notice is issued, a conciliation officer may attempt settlement, and the Tribunal is expected to decide within ninety days. The Act as enacted limits the monthly amount to ten thousand rupees, a ceiling Parliament has considered removing; parents may alternatively claim under section 144 of the Bharatiya Nagarik Suraksha Sanhita, which has no such cap. Non-payment can be enforced by warrant and imprisonment.
Getting back property that was signed away
Section 23 is the provision NRI families use most. Where a senior citizen has, after the Act came into force, transferred property by gift or otherwise on the condition that the transferee will provide basic amenities and physical needs, and the transferee fails to do so, the transfer is deemed to have been made by fraud, coercion or undue influence and the Tribunal may declare it void at the senior's option.
The Supreme Court in Sudesh Chhikara v. Ramti Devi (2022) held that the condition of care must be shown, though it need not always be written into the deed, and in later decisions has read the provision purposively to permit restoration of possession. The lesson for families is to record the condition expressly in any gift or settlement deed made by an elderly parent. Where the facts do not fit section 23, a civil suit to cancel the deed for undue influence remains available. See property disputes.
Removing an abusive relative from the home
Most states have framed rules and action plans empowering the District Magistrate or Tribunal to order eviction of a son, daughter, daughter-in-law or other relative from a senior citizen's self-acquired or ancestral house where there is ill-treatment or non-maintenance. High Courts have upheld such orders as necessary to make the Act's promise of a secure life real.
One balance must be kept: a daughter-in-law may assert a right of residence in a shared household under the Domestic Violence Act. The Supreme Court in S. Vanitha v. Deputy Commissioner (2020) held that neither statute automatically overrides the other and that tribunals must weigh both claims. Applications therefore need to be drafted with care and supported by evidence of the actual ill-treatment.
How families abroad can act
A son or daughter overseas can do a great deal without being present. The parent signs an authorisation, we file before the Tribunal, and a relative or our advocate attends. Where a parent is too frail or intimidated to act, the police senior-citizen cell and the District Magistrate can be approached to initiate proceedings, and a welfare check requested. A registered power of attorney from the parent in favour of a trusted person, a registered will, and bank mandates that require joint signatures are simple preventive measures.
For parents who have lost capacity, guardianship of the person and property can be sought under the Mental Healthcare Act, 2017 or the Rights of Persons with Disabilities Act, 2016, or through the High Court.
If the claim is against you
NRIs are also on the receiving end. A parent in India may claim maintenance from a child abroad, sometimes prompted by a sibling in the middle of a property dispute. The Tribunal can proceed against a child outside India by serving summons through the central government. Respond through counsel, disclose what you already contribute, and offer a structured arrangement; Tribunals respond well to documented, regular support and poorly to silence.
Mistakes that cost NRIs time and money
- A parent gifting the house with no written condition of care.
- Joint bank accounts or broad powers of attorney given to one relative.
- Waiting for a crisis instead of arranging documents while the parent is well.
- Treating neglect as a private family matter when a quick statutory remedy exists.
A typical situation
The house came back
A widowed mother gifts her house to a nephew who promised to look after her. Within a year she is confined to one room and her pension card is taken. Her daughter abroad arranges an application under section 23. The Tribunal finds the transfer was made on the understanding of care, which was not honoured, declares the gift void and directs restoration. A registered will and a bank mandate requiring the mother's own signature are then put in place.
Illustration only, based on patterns we commonly see. It is not a real client's case and outcomes depend on the facts.
If you live in...
The Indian law is the same wherever you live. These are the points that differ by where you are.
USA and Canada
With a large time difference, appoint one trusted local contact and a neighbour who can alert you; we can coordinate with both.
UK and Europe
Lasting powers of attorney made in the UK do not operate in India; separate Indian documents are needed for Indian property and accounts.
UAE and the Gulf
Short notice travel is hard on employment visas, so a standing authorisation from your parent lets action be taken without you.
Country pages: UAE, Saudi Arabia, Qatar, Kuwait, Oman, Bahrain
Australia, New Zealand and Asia
Children abroad can fund care directly to providers; keep records, which also answer any later maintenance claim.
Country pages: Australia, New Zealand, Singapore, Malaysia
Detailed country pages for this service: Elderly Parents in India: Legal Help from Australia
Documents you will need
To act for a parent we need:
- Parent's age and identity proof
- Title documents of the house or property
- Copy of any gift, settlement or transfer deed
- Evidence of neglect or ill-treatment: medical records, messages, complaints
- Details of children and their means
- Bank statements showing withdrawals or transfers
- Parent's authorisation letter
- Your passport and contact details
How we handle it for you
Welfare and risk check
We speak to the parent, in person where possible, and assess urgency and what they want.
Immediate safeguards
Police senior-citizen cell complaint, bank instructions and written notice to the relative concerned.
Tribunal application
We file for maintenance, eviction or cancellation of transfer as the facts require.
Hearing
The Tribunal hears both sides in a summary way; we present documents and witnesses.
Enforcement and prevention
Orders are enforced through the District Magistrate, and affairs are arranged to prevent recurrence.
Frequently asked questions
Can an NRI file a complaint on behalf of parents in India?
Yes. A senior citizen can authorise any person or registered organisation to apply to the Maintenance Tribunal. The NRI child can also alert the police senior-citizen cell or District Magistrate.
Can parents evict a son or daughter-in-law from their house?
Yes. Under state rules framed under the 2007 Act, the District Magistrate or Tribunal can order eviction from the senior's property in cases of ill-treatment, subject to considering any residence right claimed under the Domestic Violence Act.
Can a gift deed made by an elderly parent be cancelled?
It can be declared void under section 23 if it was made on the condition that the recipient would care for the parent and they have failed to do so. Otherwise it can be challenged in a civil court for fraud or undue influence.
Is a child living abroad liable to maintain parents in India?
Yes. The duty applies to children wherever they live, and the Tribunal can issue summons to a child outside India through the central government.
How long does the Maintenance Tribunal take?
The Act sets ninety days from service of notice, extendable by thirty days. Actual time varies by district but is far shorter than a civil suit.
Are lawyers allowed before the Tribunal?
Section 17 bars legal practitioners from representing parties, though several High Courts have held this cannot override an advocate's statutory right to practise. In practice we prepare the case and appear where the Tribunal permits.
Can a senior citizen claim maintenance from a daughter?
Yes. The duty applies to sons and daughters alike, including married daughters, and to grandchildren.
What if my parent is unwilling to complain?
Their consent matters, and we speak to them first. Where a senior is at risk, the police senior-citizen cell or District Magistrate can also be alerted to make a welfare check.
