By S&S Co. Advocates & Solicitors · Published 30 June 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives a parent or senior citizen who cannot maintain themselves a summary remedy before a Maintenance Tribunal against their children or, in some cases, relatives who will inherit their property. The tribunal can fix a monthly maintenance allowance, subject to any limit in the Act or state rules, and the procedure is meant to be quick, with limited scope for lawyers and delay.
Senior citizens sometimes share a home with the child who is not supporting them. In S. Vanitha v. Deputy Commissioner, Bengaluru Urban District (2020), the Supreme Court held that the tribunal can order eviction where this is necessary to ensure the senior citizen's protection and maintenance, and the case also recognises that a senior citizen's right to live in their own shared household has to be balanced with the rights of others under other laws. The reach of the power depends on the facts and the state rules.
Section 23 of the Act also allows a transfer of property by a senior citizen to be declared void in certain cases where it was made on the condition that the transferee would provide basic amenities and physical needs, and the condition is not met. Appeals lie to an Appellate Tribunal under the Act.