The responsibility to maintain eligible parents is not limited to sons. Depending on the applicable law and circumstances, a maintenance claim may also be brought against a daughter.
The Senior Citizens Act provides for a tribunal for eligible parents and senior citizens who are unable to maintain themselves. Do not limit a parent’s eligibility to the age of 60; the Act contains separate definitions. Section 144 of the BNSS also concerns maintenance for eligible parents. Check how separate proceedings for the same relief may affect one another.
What should you do now?
- Prepare details of necessary monthly expenses, income and the absence of support.
- Find out about the maintenance tribunal in your district and the applicable state procedure.
- Submit a claim with information and evidence concerning the children/responsible persons.
Which documents should you keep?
Records of identity, relationship, income, medical expenses and any assistance provided earlier.
Avoid this mistake
There is no general rule that maintenance will never be granted because property was not transferred to the children.
A hypothetical example
The parents’ pension is insufficient for necessary treatment and living expenses. Do not assume that having a pension automatically defeats the claim. Eligibility will be determined by considering income, necessary expenses and the circumstances of the responsible children together.
Can only a very elderly parent apply?
No. The statutory categories and eligibility criteria for a parent and a senior citizen are assessed separately.
Legal basis and useful sources
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 35–58, 173–175, 187, 478–483, 528, 531
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.