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Q1. Can a senior citizen authorize someone to file a maintenance application on their behalf?
Yes. An application can also be made by any person or organization authorized by the senior citizen.
Q2. Can a senior citizen be evicted from their own house?
No. Eviction of senior citizens from their homes without following due process is illegal.
Q3. Can a senior citizen cancel a gift deed made in favour of a child if the child fails to provide care or maintenance?
Yes. The Supreme Court in Urmila Dixit v. Sunil Sharan Dixit (2025) held that under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen can seek cancellation of a gift deed if it was made with the understanding that the child would provide care and maintenance, and the child later fails to do so.
Q4. Can a senior citizen file a case if they don’t have children?
Yes. If they have relatives who will inherit their property, those relatives are legally liable to maintain them.
Q5. Can a senior citizen file a maintenance application even if they own property?
Yes, if the income or property owned by the senior citizen is insufficient for their basic needs, they can still seek maintenance under Section 4 of the Act.
Q6. Can abandonment of senior citizens be punished?
Yes. Abandonment of a parent or senior citizen is a punishable offence with imprisonment up to 3 months or fine up to ₹5,000 or both.
Q7. Can maintenance be granted against daughters also?
Yes. Both sons and daughters (including daughters-in-law/sons-in-law) are equally liable for maintenance under the Act .
Q8. Can senior citizens reclaim property gifted to children?
Yes. A senior citizen can reclaim the gifted property under Section 23 of the Act.
Q9. Is legal representation necessary before the Maintenance Tribunal?
No, the process is designed to be simple. Parties can represent themselves. However, legal representation is not barred.
Q10. Is the Act applicable to NRIs (Non-Resident Indian children)?
Yes. Even children living abroad are legally bound to maintain their parents/senior citizens.
Q11. Is the decision of the Tribunal final?
The order of the Tribunal can be appealed before the Appellate Tribunal under Section 15 within 60 days from the date of the order.
Q12. Is there a time limit to dispose of maintenance cases?
Yes. The Tribunal should ideally dispose of the case within 90 days which can be extended to a maintenance period maximum of 30 days in exceptional circumstances.
Q13. Is there an appeal mechanism against the Tribunal’s orders?
Yes. Appeals against the Tribunal’s order can be filed before the Appellate Tribunal constituted under Section 15 of the Act within a prescribed time frame (typically 60 days).
Q14. Is there any fee for filing an application?
The filing of application is free of cost.
Q15. What does “maintenance” mean in this context?
Maintenance includes provision for food, clothing, residence, medical attendance and treatment.
Q16. What if the children fail to comply with the Tribunal’s order?
Failure to pay maintenance can lead to a warrant, and even imprisonment for up to 1 month or until payment is made.
Q17. What does the Act provisions for ?
The MWPSC Act 2007 provisions for the maintenance and welfare of the parents and senior citizens(aged 60 years and above).
Q18. What is the role of police under this Act?
Police are expected to support senior citizens and Act promptly if they face neglect or abuse.
Q19. What relief can be granted by the Tribunal?
The Tribunal can direct children or relatives to pay a monthly maintenance allowance (up to ₹10,000 or more depending on state rules).
Q20. What should be the minimum age of the parents to be covered under this Act?
Parents of every age are covered under this Act, irrespective of whether they are senior citizens or not.
Q21. When did The Maintenance and Welfare of Parents and Senior Citizens Act, come into force?
From the date of notification i.e. 29.12.2007
Q22. Where the application for maintenance can be filed?
An application for maintenance can be filed before the Maintenance Tribunal(usually presided over by the Sub-Divisional Magistrate) in the concerned State/ UT.
Q23. Which parents are included in the Act? Biological or adoptive?
Parents means father or mother (biological, adoptive, or step) and senior citizens (aged 60 years and above), including childless individuals.
Q24. Who can file an application on behalf of a senior citizen or parent?
If the person is unable to file it themselves due to illness, disability, or any other reason, the application can be filed on their behalf by:
● Any person or registered organization authorized by them, or
● The Tribunal suo motu (on its own) may take cognizance of such matters