FAQ's

Yes. An application can also be made by any person or organization authorized by the senior citizen.

No. Eviction of senior citizens from their homes without following  due process is illegal.

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.

Yes. If they have relatives who will inherit their property, those relatives are legally liable to maintain them.

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.

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.

Yes. Both sons and daughters (including daughters-in-law/sons-in-law) are equally liable for maintenance under the Act .

Yes. A senior citizen can reclaim the gifted property under Section 23 of the Act. 

No, the process is designed to be simple. Parties can represent themselves. However, legal representation is not barred.

Yes. Even children living abroad are legally bound to maintain their parents/senior citizens.

The order of the Tribunal can be appealed before the Appellate Tribunal under Section 15 within 60 days from the date of the order.

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.

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).

The filing of application is free of cost. 

Maintenance includes provision for food, clothing, residence, medical attendance and treatment.

The MWPSC Act 2007 provisions for the maintenance and welfare of the parents and senior citizens(aged 60 years and above).

Failure to pay maintenance can lead to a warrant, and even imprisonment for up to 1 month or until payment is made.

Police are expected to support senior citizens and Act promptly if they face neglect or abuse.

The Tribunal can direct children or relatives to pay a monthly maintenance allowance (up to ₹10,000 or more depending on state rules).

Parents of every age are covered under this Act, irrespective of whether they are senior citizens or not.

From the date of notification i.e. 29.12.2007

An application for maintenance can be filed before the Maintenance Tribunal(usually presided over by the Sub-Divisional Magistrate) in the concerned State/ UT.

Parents means father or mother (biological, adoptive, or step) and senior citizens (aged 60 years and above), including childless individuals.

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

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