Maintenance for parents & senior citizens in India — tribunal, ₹10,000 limit, property transfer (2007 Act)
How elderly parents and senior citizens can claim monthly maintenance from children or relatives under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, or Section 144 BNSS (old Section 125 CrPC); cancelling property transfers under Section 23; Elderline 14567. Educational only — not legal advice.
WhatsApp opens with your question already written. You just tap send.
Who can claim, and from whom
A parent (father or mother — biological, adoptive or step; the parent need not be a senior citizen) and any senior citizen aged 60 or above who cannot maintain themselves from their own earnings or property can claim maintenance (Section 4 of the 2007 Act). Parents claim from their adult children and grandchildren. A childless senior citizen can claim from a relative who possesses, or would inherit, their property. ‘Maintenance’ includes food, clothing, residence, and medical attendance and treatment.
Where to apply
Apply to the Maintenance Tribunal — usually at the Sub-Divisional Magistrate (SDM) level — in the district where the parent lives or last lived, or where the children live (Section 6). The senior citizen can apply personally, or through a person or registered organisation they authorise; the Tribunal can also act on its own (Section 5). Many states let you collect the form from the SDM office or the district social welfare office.
Is your situation a little different? Send your question on WhatsApp.
Write in Hindi or English · general guidance, not legal advice
How much and how fast
The Tribunal can order a monthly allowance up to ₹10,000 (Section 9(2)); a 2019 amendment bill proposing to remove this cap lapsed and is not law. Interim maintenance can be ordered while the case is pending. The law asks the Tribunal to decide within 90 days of serving notice, extendable once by 30 days in exceptional cases (Section 5(4)). If an order is not obeyed, the Tribunal can issue a warrant and order imprisonment of up to one month for each unpaid month (Section 5(8)).
No lawyers before the Tribunal; appeal in 60 days
Section 17 says parties cannot be represented by a legal practitioner before the Tribunal or Appellate Tribunal — the process is meant to be simple. You can still take advice to prepare your papers. The Tribunal may refer the matter to a conciliation officer first. An appeal lies to the Appellate Tribunal (usually at District Magistrate level) within 60 days of the order (Section 16).
Property given to children who then neglect you (Section 23)
If a senior citizen transferred property by gift or otherwise on the condition that the transferee would provide basic amenities and physical needs, and the transferee fails to do so, the transfer is deemed to be made by fraud or undue influence and the Tribunal can declare it void. Keep the gift/transfer deed and any written or recorded promise of care. Abandoning a senior citizen by a person responsible for their care is also an offence (Section 24 — up to 3 months, or fine up to ₹5,000, or both).
Other route: Section 144 BNSS (old 125 CrPC)
Parents unable to maintain themselves can also apply to the Magistrate under Section 144 of the BNSS (old Section 125 CrPC), where there is no fixed upper limit. Hindu parents may also rely on Section 20 of the Hindu Adoptions and Maintenance Act, 1956. Under Section 12 of the 2007 Act you can choose either the Tribunal or the Section 144 route, but not both for the same claim.
Papers people usually organise
Age proof, proof of relationship (birth certificates, ration card, family register), details of the children’s income and property, your own income and monthly expenses, medical bills, and any property transfer deed. Keep a short written timeline of neglect or harassment.
Helplines
Elderline — the National Helpline for Senior Citizens — is 14567. In danger, call 112. The 2007 Act also asks state governments to protect the life and property of senior citizens (Section 22), so the local police and district welfare office are also points of contact.
How Adhiwakta can help
Adhiwakta is a facilitation platform, not a law firm, and does not guarantee any order or amount. Use Ask Adhiwakta (Family) to describe the situation for general guidance from an independent advocate, or try the AI helper to organise your facts first.
Have a related question?
Frequently asked questions
- How much maintenance can parents get under the Senior Citizens Act?
- The Maintenance Tribunal can order up to ₹10,000 per month under Section 9(2) of the 2007 Act. Under Section 144 BNSS (old 125 CrPC) there is no fixed upper limit, but you cannot pursue both routes for the same claim.
- Can parents take back property gifted to children who do not look after them?
- Under Section 23 of the 2007 Act, if property was transferred on the condition that the transferee would provide basic amenities and physical needs, and they fail to do so, the Tribunal can declare the transfer void.
- Is a lawyer needed before the Maintenance Tribunal?
- Section 17 says parties cannot be represented by a legal practitioner before the Tribunal. You can still take advice to prepare your application and papers.
Share Adhiwakta with someone who needs it
Send this page on WhatsApp — legal information in Hindi & English.