My children don't take care of me. Can I claim maintenance?
Simple answer
Yes. Parents, and senior citizens aged 60+, who cannot support themselves can claim monthly maintenance from their adult children or grandchildren. Apply to the Maintenance Tribunal (usually at the SDM office); you don't need a lawyer. It can order up to ₹10,000 a month. You can also claim under BNSS Section 144.
Real-life examples
Ramesh, 72, lives alone in Nagpur. His two sons earn well but send him nothing. He applies to the Tribunal at the SDM office against both sons and asks for interim maintenance while the case is decided.
Mary, 70, gifted her house to her son on the written condition that he would look after her. He later stopped giving her food and medicines. She can ask the Tribunal to cancel the gift under Section 23.
Gurdeep, 65, has no children. His nephew, who will inherit his land, can be asked to maintain him.
What should you do?
- 1If you face abuse or are abandoned, call 112. For advice and help with the process, call Elder Line 14567.
- 2Write an application to the Maintenance Tribunal in the district where you live or where your children live. Name each child or relative and list your monthly needs.
- 3Attach proof of age, your income and expenses, and details of their jobs or property if you know them. An NGO or someone you authorise can file for you.
- 4Ask for interim maintenance. The Tribunal should decide within 90 days of notice, extendable once by 30 days.
- 5If you transferred property on the condition of care and they stopped caring, ask the Tribunal to cancel the transfer.
- 6Not happy with the order? Appeal to the Appellate Tribunal (District Magistrate level) within 60 days.
Exceptions & limits
- You can claim under this Act or under BNSS Section 144, but not under both at the same time.
- To cancel a property gift, you usually must show it was given on the condition that they would care for you. Courts look closely at the gift deed and the facts.
- Only a parent or senior citizen who cannot maintain themselves from their own income or property can claim, and not against minor children.
Official legal reference
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 4, 5
Who can claim and from whom; interim maintenance; the Tribunal to decide within 90 days of notice.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 9, 12
Maximum ₹10,000 a month (a state may fix less); choose this Act or BNSS Section 144, not both.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 16, 17
Appeal within 60 days; lawyers cannot represent parties before the Tribunal.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 23, 24
A property transfer made on condition of care can be declared void; abandoning a senior citizen: up to 3 months in jail, ₹5,000 fine, or both.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144
A father or mother who cannot support themselves can claim maintenance from a child who has enough means.
Earlier: CrPC Section 125Read the official text
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- Varies by state
- Each state makes its own rules under this Act, so the maximum amount (up to ₹10,000), forms and powers such as evicting children from the parents' home can differ. Ask at the SDM office or call Elder Line 14567.
- Law in force since
- 29 Dec 2007
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.