Senior Citizen Maintenance Tribunal: Claim Support (2007 Act)

Short on time? Jump to the step-by-step filing process.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the “2007 Act”) gives every parent and senior citizen a fast, free legal route to demand support. You apply to a Maintenance Tribunal headed by a Sub-Divisional Magistrate. You do not need a lawyer. You do not pay court fees. The Tribunal can order your children, or certain heirs, to pay a monthly allowance and can enforce that order with a recovery warrant and even imprisonment.

The law is deliberately broad so that a neglected elder can act quickly.

• Who can claim: any senior citizen (60 years or above) or any parent, whether or not a senior citizen. If you are too unwell to apply yourself, an authorised person or organisation can apply for you (Section 5).
• Who is liable: your children, and for a childless senior citizen, certain relatives.

Under Section 2 of the 2007 Act, “children” includes son, daughter, grandson and grand-daughter but excludes a minor. A “relative” means a legal heir of a childless senior citizen who is not a minor and is in possession of, or would inherit, the senior citizen's property. So a nephew who stands to inherit your house can be made liable if you have no children.

Section 9 caps the maximum maintenance the Tribunal may order at Rs 10,000 per month. The exact ceiling within that limit is set by each State Government. The Tribunal fixes the amount by looking at your needs and the children's or relatives' ability to pay. Maintenance covers food, clothing, residence, medical care and treatment.

Under Section 7, every State Government constitutes a Maintenance Tribunal for each sub-division, presided over by an officer not below the rank of Sub-Divisional Officer (the SDM / SDO). That is where you file.

• Where: the office of the SDM / Sub-Divisional Officer for the area where you live, or where the children or relatives live. Many states also accept applications through the District Social Welfare Officer.
• Lawyer: not allowed and not needed. Section 17 says no party shall be represented by a legal practitioner. This keeps the process simple and cheap.
• Fee: there is no court fee for filing a maintenance application.

• A simple written application stating your name, age and address, the names of the children or relatives, and the monthly amount you seek.
• Proof of age (Aadhaar, voter ID, passport or pension document).
• Proof of relationship (birth certificate, ration card, or family register entry).
• Any proof of the children's income or assets, if you have it (not mandatory - the Tribunal can summon it).
• Medical bills or rent receipts that show your needs, if relevant.

1. Write the application. Keep it short and factual. Name each child or relative, your relationship, and the monthly maintenance you ask for. A sample is below.
2. Submit it to the SDM / Sub-Divisional Officer's office (the Tribunal) for your sub-division, or to the District Social Welfare Officer if your state routes it that way. Keep a stamped acknowledgement copy.
3. Notice is served on the children or relatives. The Tribunal sets a hearing date.
4. Ask for interim maintenance. Under Section 5(2), the Tribunal can order a monthly interim allowance while the case is pending, so you are not left without support during the hearing.
5. Attend the hearings. The Tribunal can do its own enquiry and summon income records. You speak for yourself; no advocate is involved.
6. Get the order. The Tribunal fixes the monthly amount and the date from which it is payable.

The 2007 Act is built for speed.

• 90-day disposal: the application must be disposed of within ninety days from the date the notice is served on the children or relatives. The Tribunal may extend this once, by up to 30 days, only in exceptional circumstances and after recording reasons.
• Interim maintenance: during the case, the Tribunal can order a monthly interim allowance (Section 5(2)).
• Enforcement on default: if a child or relative fails, without sufficient cause, to comply with the maintenance order, the Tribunal may issue a warrant to recover the amount the way fines are recovered, and may sentence the defaulter to imprisonment for up to one month, or until payment if sooner. Note the deadline: you must apply to recover an unpaid amount within three months from the date it became due (Section 5(8)).

Many parents transfer their house to a child expecting care in return, then get neglected. Section 23 protects you.

If you gifted or transferred property after the Act came into force, on the condition that the transferee would provide your basic amenities and physical needs, and that person then refuses or fails to do so, the transfer is deemed to have been made by fraud or coercion or undue influence. At your option, the Tribunal can declare the transfer void.

The Supreme Court reinforced this in Urmila Dixit v. Sunil Sharan Dixit (2025), decided on 2 January 2025. A mother had gifted property to her son under a deed accompanied by a promise (vachan patra) to maintain his parents. When he failed, the Court held that authorities under Section 23 not only can cancel the transfer but may also order eviction and restore possession to the senior citizen. The gift deed was set aside.

To,
The Maintenance Tribunal (Sub-Divisional Magistrate),
[Sub-division name], [District], [State]

Subject: Application for monthly maintenance under Section 5 of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Respected Sir/Madam,

1. I, [Full name], aged [age] years, resident of [full address],
   am a senior citizen / parent under the said Act.

2. The respondent(s) [name(s)], my son/daughter, residing at
   [address], are legally bound to maintain me but have refused
   to provide for my food, residence and medical care since [date].

3. I have no sufficient means to maintain myself. My monthly needs,
   including medical expenses, are approximately Rs [amount].

4. I therefore request this Tribunal to:
   (a) grant interim maintenance under Section 5(2) during this case;
   (b) order the respondent(s) to pay me Rs [amount] per month;
   (c) [if applicable] declare void, under Section 23, the property
       I transferred to the respondent on [date] on condition of care.

Enclosures: proof of age, proof of relationship, [other documents].

Yours faithfully,
[Signature]
[Name, date, contact number]

Yes. Under Section 16, a senior citizen or parent aggrieved by a Tribunal order can appeal to the Appellate Tribunal within 60 days from the date of the order. The Appellate Tribunal is presided over by an officer not below the rank of District Magistrate (Section 15), and can extend the 60-day period if you show good cause for the delay. No lawyer is needed here either.

The Act does not exempt children who live abroad. NRI children remain liable to maintain a parent in India. Service of notice and enforcement against an overseas resident is slower, so name any Indian assets, agents or relatives in your application, and ask the Tribunal to attach Indian property or bank accounts to recover the amount under Section 5(8).

If the home is yours, your children have no right to evict you. Where you transferred the home to them on a promise of care, Section 23 lets the Tribunal declare that transfer void and, as the Supreme Court confirmed in Urmila Dixit (2025), order eviction of the neglectful child and restore possession to you. Raise the eviction directly in your application.

Maintenance and abuse are separate but related. The Tribunal route secures your money and, via Section 23, your property. For threats or physical abuse, also report to the police and the senior-citizen helpline 14567 (Elderline). Keep written records and medical reports, which also strengthen your Tribunal case.

Correct. Filing a maintenance application before the Tribunal carries no court fee, and Section 17 bars legal practitioners from representing parties, so there is no advocate's fee. The process is designed to be free and accessible for elders acting on their own.

By law, the Tribunal must decide within 90 days of serving notice on your children, extendable once by up to 30 days only in exceptional cases. Interim maintenance can come much sooner - often within weeks - so you are not left unsupported while the main case runs.

• Write a one-page application naming each child or relative and the monthly amount you need.
• Gather your age proof and one relationship proof (ration card or birth certificate).
• Note the address of your Sub-Divisional Magistrate's office or District Social Welfare Officer.
• If you gifted property on a promise of care, add the Section 23 cancellation request to the same application.
• Save the senior-citizen helpline 14567 in your phone.

• Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 2, 5, 7, 9, 16, 17 and 23 (indiacode.nic.in).
• Section 5 (application, interim maintenance, enforcement, imprisonment): Section 5, 2007 Act.
• Section 23 (transfer of property void): Section 23, 2007 Act.
• Supreme Court, Urmila Dixit v. Sunil Sharan Dixit (2025): judgment, 2 January 2025.

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