How to File for Maintenance Under the Senior Citizens Act (2026)
How parents and senior citizens can claim monthly maintenance and protect property they gave away, using the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Last verified October 2026.
How-to · Family · Senior Citizens
When children stop supporting elderly parents, or take a property and then neglect the parent, the ordinary civil court is slow and costly. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives a faster, cheaper route: a Maintenance Tribunal that can order a monthly allowance and, in some cases, undo a transfer of property. This guide explains who can apply, where, how long it takes, how much can be ordered, how to appeal, and how to protect a gifted property. Last verified October 2026.
- Forum: the Maintenance Tribunal under Section 7, presided over by an officer not below a Sub-Divisional Officer.
- Who can apply: a parent or senior citizen (aged 60 or above), or an authorised person on their behalf, under Section 5.
- Amount and speed: up to Rs 10,000 per month (Section 9(2)); decided within 90 days (Section 5(4)), with interim maintenance available.
- Appeal and property: appeal within 60 days under Section 16; a conditional transfer can be declared void under Section 23 if the transferee neglects the senior citizen.
01When an elderly parent is left without support
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was made because elderly parents often cannot afford, or face, a long civil suit against their own children. The Act sets up a special, informal forum, the Maintenance Tribunal, where a parent or senior citizen can ask for a monthly maintenance allowance without a lawyer if they wish.
A senior citizen means a person aged 60 or above. A parent, including an adoptive or step parent, can claim from children or grandchildren who are adults. A childless senior citizen can claim from a relative who holds or would inherit their property.
Why this Act exists
The aim is speed and simplicity. The Tribunal is meant to decide quickly, the procedure is summary, and the forum is close to home, so an elderly person is not worn down by years of litigation.
02Who can apply, and to which tribunal
The application for maintenance is made under Section 5 to the Maintenance Tribunal for the area. Under Section 7, the Tribunal is presided over by an officer not below the rank of a Sub-Divisional Officer, so in most States it is an SDM or similar revenue officer.
- Who can apply: the senior citizen or parent. If they are unable to apply themselves, an authorised person or organisation can apply for them, and the Tribunal can also act on its own.
- Against whom: children or grandchildren who are adults, and for a childless senior citizen, a relative in possession of or in line to inherit the property.
- Where: the Maintenance Tribunal of the sub-division, usually where the senior citizen lives or where the children live.
The process is designed to be simple, and a senior citizen does not need a lawyer to appear. The State may appoint a Maintenance Officer to help.
03How much maintenance can be ordered
Maintenance covers the needs of the senior citizen, such as food, clothing, housing, and medical care. The amount is set by the Tribunal looking at the needs of the parent and the means of the children or relatives.
There is a statutory ceiling. Under Section 9(2), the maximum maintenance allowance is fixed by the State rules but cannot exceed Rs 10,000 per month. A 2019 Bill proposed to remove this cap, but it was not enacted, so the Rs 10,000 ceiling is still the law.
The Tribunal can order up to Rs 10,000 a month. The real power of the Act, though, is often the property remedy, not the money.
04Time limits and interim relief
The Act is built for speed. Under Section 5(4), the Tribunal must decide the application within 90 days from the date notice is served on the children or relatives. In exceptional cases it can extend this once, by up to 30 days, for reasons recorded in writing.
While the case is pending, the Tribunal can order interim maintenance under Section 5(2), so the senior citizen is not left without support during the proceedings.
A faster forum than a civil suit
Compared with an ordinary maintenance suit, the 90-day target and interim relief are the real advantages. It is the same idea of a quick, low-cost forum that drives other citizen remedies, such as the RTI appeal process.
05Appeal and protecting gifted property
Appeal. Under Section 16, a senior citizen or a parent who is aggrieved by a Tribunal order can appeal within 60 days to the Appellate Tribunal, which is presided over by an officer not below the rank of District Magistrate (constituted under Section 15). The Appellate Tribunal can condone a delay for sufficient cause. Courts have differed on whether children or relatives can also appeal, so this point is not fully settled.
Protecting gifted property. Section 23 is a powerful protection. If a senior citizen transferred property, by gift or otherwise, on the condition that the transferee would provide basic amenities and care, and the transferee then fails or refuses, the transfer is deemed to have been made by fraud, coercion or undue influence. At the option of the senior citizen, the Tribunal can declare the transfer void.
The transfer is not automatically void; the senior citizen has to ask. Many High Courts have also allowed the Tribunal to order eviction of a neglectful child as a relief that goes with declaring the transfer void, even though the Act does not have an express eviction clause.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Maintenance cases built on this Act often climb to the High Courts on the hard points, such as whether a Tribunal may order eviction or set aside a gift deed under Section 23. Claw watches the cases, orders and hearing dates across 9,102 courts, benches and forums, the tribunals among them, and searches more than 30 crore judgments in under 5 seconds, with High Court rulings going back to 1990 and Supreme Court rulings to 1950. A family or their advocate can then follow a live matter by party or advocate name, and see how the courts have read Sections 16 and 23.
Papers you upload are not used to train the AI models behind Claw, so a family keeps its private matter to itself. Create a free Claw account to keep track of the case by party or advocate name as it is heard. To search the wider body of law, see case search across Indian courts.
07Sources and further reading
- Ministry of Social Justice and Empowerment (administers the Act): socialjustice.gov.in
- India Code (Maintenance and Welfare of Parents and Senior Citizens Act, 2007): indiacode.nic.in
- PRS Legislative Research (Act background and the 2019 amendment bill): prsindia.org
- Claw: clawlaw.in
This guide is general information, not legal advice. The maintenance cap and procedure can change through amendments and State rules, so check the current law and take advice from counsel before you act.
08Frequently asked questions
Who can file for maintenance under the Senior Citizens Act?
A parent or a senior citizen aged 60 or above can apply under Section 5. A parent can claim from adult children or grandchildren, and a childless senior citizen can claim from a relative who holds or would inherit their property. If the senior citizen cannot apply themselves, an authorised person or organisation can apply for them.
What is the maximum maintenance under the Act?
Under Section 9(2), the maximum maintenance allowance is fixed by State rules but cannot exceed Rs 10,000 per month. A 2019 Bill proposed removing this cap, but it was not enacted, so Rs 10,000 remains the ceiling.
How long does the Maintenance Tribunal take?
The Tribunal must decide the application within 90 days of notice being served, under Section 5(4), extendable once by up to 30 days in exceptional cases. While the case is pending, the Tribunal can order interim maintenance under Section 5(2).
Can a senior citizen cancel a gift of property to a child?
Yes, in the right case. Under Section 23, if the property was transferred on the condition that the transferee would provide care and basic amenities, and the transferee then fails, the transfer is deemed to be by fraud or coercion and can be declared void by the Tribunal at the senior citizen option. The transfer is not void automatically; the senior citizen must ask.
How do I appeal a Maintenance Tribunal order?
A senior citizen or parent aggrieved by the order can appeal within 60 days to the Appellate Tribunal under Section 16, which is headed by an officer not below the rank of District Magistrate. The Appellate Tribunal can condone delay for sufficient cause. Whether children can also appeal is not fully settled across High Courts.
Can I track a senior citizen maintenance case in Claw?
Yes. Claw follows the cases, orders and hearing dates across 9,102 courts, benches and forums, tribunals included, and returns a search of its 30 crore plus judgments in under 5 seconds. You can follow a maintenance matter by party or advocate name and read how the courts have applied the Act. It tracks and researches the matter but does not give legal advice.