Can senior citizens neglected by their children claim financial support legally?

Senior citizens in India can claim financial support from their children or legal heirs if they cannot sustain themselves. According to legal experts, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ensures the rights of senior citizen parents.

In 2022, the Government tabled the 'The Maintenance and Welfare of Parents and Senior Citizens Amendment Bill 2019' before the Lok Sabha. However, it has not yet come into effect. Therefore, the rights of senior citizen parents are currently covered under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

This article explains the rights parents have under this Act and what they can do if their children refuse to provide financial support.

What are the obligations of children?

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 puts the obligation on children to provide for food, clothing, housing, and medical care and treatment for their senior citizen parents.

Children, including a major son, daughter, grandson, and granddaughter, must provide for these basic needs. "If they fail, parents can seek relief from a Maintenance Tribunal, which can order a monthly maintenance allowance. The Tribunal can also revoke property transfers if a senior citizen was promised care but later neglected," says Monish Surendran, Senior Associate, PSL Advocates & Solicitors.

Aditya Chopra, Managing Partner, The Victoriam Legalis (TVL), says these obligations are designed to ensuring that senior citizens are able to lead a normal life. "Furthermore, the duty of children to maintain their parents applies to both fathers and mothers, as applicable."

He further says that the maximum maintenance allowance that the Tribunal may order is prescribed by the State Government, which is capped at ₹10,000 per month.

The Act covers all parents

Rishi Seghal, Advocate On Record, Supreme Court of India, says rights under this law are not restricted only to senior citizen parents. "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, explicitly provides that a senior citizen and/ or a parent (not necessarily a senior citizen and including biological, adoptive, and step-parents), who cannot maintain themselves, is entitled to make an application for maintenance."

What if a senior citizen doesn’t have any children

According to Sehgal, the Act also provides for situations where there are no children, and if the children are unable to maintain the parents.

In such cases, the Act extends the obligation to provide for maintenance to relatives, which includes any legal heir of a childless senior citizen who is not a minor and who possesses or will inherit the property of such senior citizen after their death.

"In cases where multiple relatives are entitled to inherit the property, the maintenance is payable by them in proportion to their inheritance share," says Sehgal.

Maintenance Tribunal

The Act provides for Maintenance Tribunals, which are authorised to order for grant of monthly interim maintenance in favour of the senior citizen and/or parent, till the final decision on the maintenance application.

The Maintenance Tribunals have wide-ranging powers such as taking evidence on oath, enforcing the attendance of witnesses, and compelling the discovery and production of documents.

The Tribunal is also empowered to both adjudicate and pass orders and get the orders so passed enforced through the process provided under the Criminal Procedure Code, which includes attachment and sale of assets and even imprisonment.

"If a senior citizen has the right to receive maintenance from a property, which has been transferred, then maintenance can be sought from the said transferee. Moreover, if the transfer so made was against the promise of providing basic amenities/ maintenance, then even such transfer can be revoked by the Tribunal if the transferee fails to honour his/ her promises," says Sehgal.

Are these rights enforceable?

Legal experts say that financial rights granted to senior citizens and/or parents under this Act are enforceable through the Maintenance Tribunals.

According to Shimpy Arman Sharma, Partner, Anand Sharma & Associates, senior citizen parents have the following rights under this Act:

• Parents can approach the Maintenance Tribunal, which must decide within 90 days and can order monthly financial support.
• Children are legally bound to provide for their parents' basic needs, including food, shelter, and medical care.
• Failure to pay maintenance can result in a fine of ₹5,000 or imprisonment up to one month.
• If a child neglects a parent after receiving property, the Tribunal can nullify the transfer.
• Failure to maintain parents can also lead to the revocation of property transfers.

What can parents do if children refuse to provide financial support?

Sehgal says parents can file an application seeking maintenance before the DM/SDM (Maintenance Tribunal) having jurisdiction over their area, bringing on record their financial inability to maintain themselves and the children's refusal or neglect to provide them with the help of expert lawyers.

"The Act mandates the welfare and safety of parents through eviction of children, who are harassing or ill-treating their parents, from the house. Even Police can be approached in case of harassment and ill-treatment by the children," he says.

Adding to the above, Chopra, says a senior citizen parent may submit an application for maintenance either personally or, if unable, through an organization to the Maintenance Tribunal. "The Tribunal is mandated to resolve such applications within 90 days of submission."

Furthermore, under Section 5(8) of the Act, if children or relatives ordered to comply with the Tribunal's decision fail to do so without sufficient justification, the Tribunal may, for each instance of non-compliance, issue a warrant to recover the outstanding amount as prescribed for the collection of fines.