For a parent or senior citizen (60+) who wants their adult children -- or relatives who stand to inherit their property -- to pay for their upkeep, or who wants a property gift/transfer cancelled because a promise of care was broken.
1. Identify the Maintenance Tribunal for your sub-division.
Under Section 7, every state constitutes a Maintenance Tribunal for each sub-division, headed by an officer not below the rank of Sub-Divisional Magistrate/Officer; the District Social Welfare Officer typically also acts as Maintenance/Conciliation Officer.
2. File an application for maintenance (Form I, or the state-prescribed equivalent).
File it yourself, through a registered voluntary organisation, or the Maintenance Officer can help draft and file on your behalf; a childless senior citizen can proceed against a 'relative' who possesses or would inherit their property.
3. The Tribunal or Conciliation Officer attempts a settlement first.
Before formally adjudicating, the Tribunal typically tries to reach an amicable settlement between you and the children/relatives on the amount and manner of maintenance.
4. Notice is issued to the respondent(s); interim maintenance can be ordered.
The Tribunal can order interim monthly maintenance while the main application is pending, so you aren't left without support during the process.
5. A summary inquiry is held -- the process is deliberately simplified.
Section 17 bars legal practitioners from representing parties before the Tribunal, though several High Courts (including Delhi) have held this doesn't validly prevent an advocate from appearing.
6. The Tribunal passes its order, generally within 90 days of the respondent being served.
Extendable by a further 30 days in exceptional circumstances; the amount is based on the children's/relative's earning capacity and your needs.
7. If a property gift/transfer was broken on its condition of care, separately invoke Section 23.
If you transferred property by gift or settlement on the condition (express or clearly implied) that they would provide basic care, and they failed to do so, you can apply to the same Tribunal to have that transfer declared void.
8. If the order isn't obeyed, the Tribunal can enforce it like a warrant for a fine.
Non-payment can be enforced through recovery mechanisms akin to those for fines under criminal procedure law, including attaching part of the respondent's salary/property.
9. Appeal to the Appellate Tribunal (usually the Divisional Commissioner) within 60 days.
Either party can appeal a Tribunal order under Section 16 -- no court fee, and the Appellate Tribunal aims to decide within one month.
Handled by: Maintenance Tribunal headed by the Sub-Divisional Magistrate/Officer, assisted by the District Social Welfare Officer
Who can use this: Any Indian citizen aged 60+ (a parent, whether or not a senior citizen, can also claim from an adult child) unable to maintain themselves from their own earnings/property, against children (including grandchildren, but not minors) or, for a childless senior citizen, a relative who possesses or would inherit their property.
This does not cover: Does not handle physical abuse/elder-abuse criminal cases (police/BNS provisions instead). Does not decide inheritance disputes generally, only the narrow cancellation of a specific broken-condition gift under s.23. Cannot be used to challenge a Will (a testamentary bequest only takes effect on death and is not a completed lifetime transfer, so s.23 does not apply to it). Does not automatically override an independent Domestic Violence Act residence claim by a daughter-in-law or other woman in the household -- the two statutes must be read together.
Time limit: No specific limitation period for filing; the Tribunal aims to decide within 90 days of the respondent's notice (extendable by 30 days), and any appeal must be filed within 60 days. (Senior Citizens Act 2007, s.5 (90+30 day disposal target), s.16 (60-day appeal window))
Cost: No court fee for filing the maintenance application or an appeal to the Appellate Tribunal.
You'll need:- Your age and proof you cannot maintain yourself
- Names, addresses, and relationship of the children/relatives from whom maintenance is claimed
- Their approximate income/earning capacity
- Details of any property transferred and the condition attached, if seeking cancellation under Section 23
Documents that help:- Age/identity proof
- Proof of relationship with the respondent (birth certificate, family register)
- Income/asset proof of the respondent, if available
- The gift/settlement deed, if seeking cancellation under Section 23
- Medical records showing your need for care
- Bank statements showing your own lack of sufficient income
What happens after: The Tribunal's order is enforceable, and if unpaid, can be recovered like an unpaid fine, including attachment of earnings. A Section 23 order voids the specific property transfer, restoring it to the senior citizen. Either side can appeal to the Appellate Tribunal within 60 days.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
Monthly Maintenance Order
Maintenance Tribunal (Sub-Divisional Magistrate/Officer)
Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows the Tribunal, on finding that a senior citizen or parent is unable to maintain themselves and that a liable child or relative has neglected or refused to do so, to order a monthly allowance for maintenance -- subject to the ceiling fixed by the concerned state government, which the Act itself caps at not more than Rs.10,000 per month.
Interim Maintenance
Maintenance Tribunal
Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also allows the Tribunal to order a monthly allowance for interim maintenance during the pendency of the main maintenance proceeding, so the senior citizen or parent is not left without support while the case is still being decided.
Declaration Voiding a Property Transfer Made on a Condition of Care
Maintenance Tribunal (application under s.23)
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows the Tribunal to declare void a gift or other transfer of property that a senior citizen made subject to a condition that the transferee would provide basic amenities and physical needs, where the transferee subsequently refuses or fails to do so. The Supreme Court held in Sudesh Chhikara v. Ramti Devi, (2022 INSC 1319) that the existence of such a condition must actually be established before the Tribunal on the facts of the case -- it is not presumed merely because the transfer was made to a family member, though the condition need not necessarily be spelt out in express words in the transfer deed itself.
Can I get my house back if I gave it to my son on the promise he'd take care of me, and he now refuses?
Yes, potentially -- this is exactly what Section 23 is for. If you transferred property on the condition, even an implied one, that the recipient would provide basic care, and they failed to do so, you can apply to the Maintenance Tribunal to have that transfer declared void. The Supreme Court has confirmed this condition does not need to be spelt out explicitly in the deed.
Is there a maximum amount of maintenance I can claim?
Currently, yes -- the Act caps maintenance at Rs.10,000 per month under Section 9(2). A 2019 Bill proposed removing this cap but lapsed and was never passed, so Rs.10,000/month remains the statutory ceiling today.
Do grandchildren also have to pay maintenance, or only my own children?
Grandchildren can be made liable too -- the Act's definition of 'children' explicitly includes son, daughter, grandson, and granddaughter (as long as they are not minors).
What if my child genuinely doesn't have the money to pay?
The Tribunal must consider the respondent's actual earning capacity before fixing the amount -- it isn't a fixed sum regardless of ability to pay. If circumstances change later, either side can approach the Tribunal to have the order varied.
Do I need a lawyer to file this, or can I do it myself?
You aren't required to have one -- Section 17 itself says no party shall be represented by a legal practitioner before the Tribunal, though several High Courts have held this doesn't validly stop an advocate from representing you if you want one.
Can I claim maintenance from a relative if I have no children at all?
Yes. A childless senior citizen can claim maintenance from any 'relative' -- a legal heir who is not a minor and who possesses, or stands to inherit, your property -- provided they have sufficient means.
Can this Act be used to challenge my parent's Will after they pass away, if I feel it's unfair?
No. Section 23 applies only to a transfer made during the senior citizen's own lifetime, not to a Will, which only takes legal effect after death. Challenging a Will is a separate succession-law matter.
Can my parents/in-laws use this Act to evict me (a daughter-in-law) from the family home?
This is a genuinely contested area. The Supreme Court in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District, 2020 SCC OnLine SC 1023 held that a senior citizen's remedies under this Act must be read alongside a woman's independent right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005 -- one does not automatically override the other, and the Tribunal must consider both statutes together.
Governing law: Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ss.4-5, 7, 9, 16-17, 23
Source: Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ss.5, 7, 9, 16-17, 23; Sudesh Chhikara v. Ramti Devi, 2022 INSC 1319;
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.