The Welfare of Parents and Senior Citizens Act, 2007

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in 2007, initiated by the Ministry of Social Justice and Empowerment, Government of India. The Act was enacted in order to provide more effective provision for maintenance and welfare of parents and senior citizens. This Act makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.

 

What is Maintenance according to the Welfare of Parents and Senior Citizens Act, 2007?

Maintenance is defined in the Act as including “provision for food, clothing, residence and medical attendance and treatment”.

 

Who Can Claim Maintenance under the Welfare of Parents and Senior Citizens Act, 2007?

Parents

Parents mean biological, adoptive and step-parents. The age of parents is irrelevant to claim maintenance.

Grandparents

Grandparents include both maternal and paternal grandparents.

Senior Citizen

A senior citizen is an Indian citizen who is 60 years of age or older.

The only condition for claiming maintenance under this Act is that the persons must be unable to maintain themselves from their own earnings and property.

 

Who is legally obligated to pay the maintenance as per the Welfare of Parents and Senior Citizens Act, 2007?

Adult Children and adult grandchildren, both male and female, are responsible for paying maintenance to parents and grandparents. An application can be filed against any one or more of them. Senior citizens who do not have children or grandchildren can claim maintenance from a relative who is either possessing their property or who will inherit their property of the senior citizen after their death.

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