Senior citizens and parents: maintenance and protecting your home
How a parent or senior citizen gets monthly maintenance from children through the SDM's Tribunal without a lawyer, and how to cancel a gift deed if care stops.
In short
- A parent (any age) or a senior citizen (60+) who cannot maintain themselves can claim monthly maintenance from children or, if childless, from the relative who will inherit their property Sec 4, Senior Citizens Act, 2007.
- Apply to the Maintenance Tribunal at the Sub-Divisional Magistrate's office. No lawyer is needed or allowed Sec 17; the Tribunal should decide within 90 days Sec 5(4).
- The Tribunal can order up to 10,000 rupees a month Sec 9(2); for more, use Sec 144 BNSS in the Magistrate's court.
- Gave your house to a child who then stopped caring for you? The Tribunal can declare the transfer void and order them out Sec 23.
- Elderline 14567 (free, national) for guidance; 112 in danger; 15100 for a free lawyer.
Many older Indians give their savings, their house and their years to raising a family, only to find themselves neglected or thrown out in old age. Shame often keeps them silent. But the law is clearly on their side, and the process is simpler and quicker than most people think. This guide explains how to claim maintenance, how to get your property back, and where to go for help.
Who can claim, and from whom
The main law is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
- Parents, biological, adoptive or step, can claim from their adult children and grandchildren (sons, daughters, grandsons, granddaughters). A parent does not have to be 60 to claim.
- A childless senior citizen (anyone aged 60 or above) can claim from a relative who is in possession of, or will inherit, their property.
The test is simple: you cannot maintain yourself from your own earnings or property, and the child or relative has the means. "Maintenance" covers food, clothing, residence, and medical attendance and treatment.
How the Maintenance Tribunal works
Every sub-division has a Maintenance Tribunal, headed by an officer not below Sub-Divisional Officer rank (usually the SDM) Sec 7. It is built to be quick and cheap:
- Who can apply: you, or any person or registered organisation you authorise; the Tribunal can also take up a case on its own Sec 5(1).
- Where: the district where you live or last lived, or where the child or relative lives Sec 6.
- No lawyers. Neither side may be represented by a legal practitioner Sec 17; the Maintenance Officer (usually the district social welfare officer) can represent you if you wish.
- Interim maintenance can be ordered while the case is pending Sec 5(2).
- Time limit: decision within 90 days of serving notice on the child, extendable once by 30 days Sec 5(4).
- Amount: up to 10,000 rupees a month under the Act as it stands Sec 9(2). High Courts have asked Parliament to raise this ceiling; as of 2026 it is unchanged.
- Enforcement: if the child does not pay without sufficient cause, the Tribunal can issue a warrant and send them to jail for up to one month, or until payment, for each month's default Sec 5(8).
- Appeal: to the Appellate Tribunal (the District Magistrate) within 60 days Sec 16.
The other route: Sec 144 BNSS
A parent can instead apply to the Judicial Magistrate under Sec 144 BNSS (earlier Sec 125 CrPC), the general maintenance provision that also covers wives and children. There is no 10,000 rupee cap, but it is a court process, usually with a lawyer, and slower. You cannot claim under both for the same period Sec 12, so choose: the Tribunal for speed and simplicity, the Magistrate when you need a larger amount.
Protecting your home and property
A common story: a parent gifts the house to a son or daughter trusting that they will be looked after, and the care stops. Sec 23(1) says that where a senior citizen transfers 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 treated as made by fraud, coercion or undue influence and can be declared void by the Tribunal. In Urmila Dixit v Sunil Sharan Dixit (2025) the Supreme Court held that the Act is a welfare law to be read generously, and that a Tribunal can order the property to be returned and the children to be evicted so that the order is effective. The promise of care should be provable, ideally from the deed itself.
Abandoning a senior citizen you are responsible for is a crime: up to three months in prison or a fine up to 5,000 rupees, or both Sec 24.
Step by step
- Call Elderline 14567 for guidance and the exact office in your area. In immediate danger, call 112.
- Write a simple application to the Maintenance Tribunal at the SDM's office: your name, age and address; the children's names and addresses; your income and needs (rent, food, medicines); their income if you know it; what you are asking for.
- Attach age proof, proof of relationship, your medical bills and a note of your expenses. Ask for interim maintenance in the application.
- Attend the hearing yourself or with the Maintenance Officer or a family member. The Tribunal will try conciliation first, which must finish within a month.
- Get a certified copy of the order and, if it is not obeyed, apply to the same Tribunal for enforcement.
- For a property transfer gone wrong, file a separate application under Sec 23 with the gift deed and proof that care was promised and withdrawn.
Shanti Devi, 72, had gifted her Jaipur house to her son in 2021 on his promise to look after her. By 2025 he had moved his family in, stopped paying for her medicines and told her to use the back room. She called 14567, then filed two applications at the SDM's office: one for maintenance with her pension slip and medical bills, and one under Sec 23 with the gift deed. The Tribunal ordered 8,000 rupees a month as interim maintenance within three weeks, and later declared the gift void after the son could not show that he had provided any care.
Keep these ready
- Age proof (Aadhaar, pension papers) and proof of relationship (ration card, birth certificates, school records of the children).
- Your income papers: pension slip, bank passbook; and your expenses: rent, medical bills, prescriptions.
- Whatever you know of the children's income and address.
- For property: the gift deed or transfer document, and any letter, message or witness showing the promise of care.
- A copy of every application with its received stamp.
Never sign a gift deed or sale deed in favour of a child without a written condition that they will maintain you and let you live in the house for life. Without that condition, getting the property back under Sec 23 becomes much harder. And do not hand over original property papers "for safekeeping".
Where to go
- Elderline: 14567 (free, 8 am to 8 pm); emergency 112.
- Maintenance Tribunal: the Sub-Divisional Magistrate's office; appeal to the District Magistrate.
- Maintenance Officer / old age homes / pensions: district social welfare office.
- Higher maintenance: Judicial Magistrate under Sec 144 BNSS; free lawyer from NALSA 15100, nalsa.gov.in (senior citizens are entitled to free legal aid).
- Schemes and grievances: socialjustice.gov.in; pgportal.gov.in.
Common questions
How much maintenance can I get and how long does it take?
The Tribunal can order up to 10,000 rupees a month under Sec 9(2), with interim maintenance during the case. It must decide within 90 days of notice, extendable once by 30 days. If you need more than 10,000 rupees, apply instead to the Judicial Magistrate under Sec 144 BNSS, which has no cap but takes longer.
I gifted my house to my son and he now ill-treats me. Can I get it back?
Yes, if the gift was made on the understanding that he would look after you and he has failed. Under Sec 23 the Tribunal can declare the transfer void, and the Supreme Court in Urmila Dixit (2025) confirmed it can order possession to be restored. Proof that care was promised, ideally in the deed, is important.
Do I need a lawyer at the Maintenance Tribunal?
No. Lawyers are not permitted to appear before the Tribunal Sec 17. You can present your case yourself, through a relative or an organisation you authorise, or with the help of the Maintenance Officer. For an appeal or a Sec 144 BNSS case, a free legal aid lawyer is available through 15100.
What if my children do not pay even after the order?
Apply to the same Tribunal for enforcement. Under Sec 5(8) it can issue a warrant to recover the amount and sentence the defaulter to imprisonment of up to one month for each month's unpaid maintenance, or until payment. Deliberate abandonment is also an offence under Sec 24.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
