Overview of Senior Citizen Protection
Maintenance and protection for elderly parents and senior citizens. Parents or senior citizens are not supported by their children or relatives, or face abuse or loss of property (Maintenance and Welfare of Parents and Senior Citizens Act, 2007).
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes children and relatives legally responsible for supporting senior citizens. The Act provides for maintenance claims, allows transfers of property made on condition of care to be declared void, and punishes abandonment. Applications are made to the Maintenance Tribunal, which is expected to decide within ninety days.
Scope. Covers maintenance from children and relatives, cancellation of property transfers made on a promise of care, and Tribunal procedure.
Procedure: how a Senior Citizen Protection case usually moves
- Apply to the Maintenance Tribunal
- Proceedings are meant to be summary, with notice to the children or relatives
- Order for monthly maintenance and, in suitable cases, cancellation of a property transfer made on a promise of care
- Appeal to the Appellate Tribunal if needed
Important points to keep in mind
- Parties generally cannot be represented by an advocate before the Maintenance Tribunal, so organise documents well.
- Maintenance can be sought from adult children and from relatives who will inherit.
- Property transfers made on a promise of care can be challenged.
Practical guidance on Senior Citizen Protection
A senior citizen can apply to the Tribunal directly, so keep the application simple and factual. Attach proof of age, relationship and income, and describe the neglect clearly. Where property was transferred on a promise of care, mention the dates and documents.
Documents required for Senior Citizen Protection
- Proof of age and relationship
- income and expense details
- property documents
- record of neglect
Senior Citizen Protection for clients living outside India
Clients living abroad can pursue or defend these claims in India through a power of attorney holder, and income or assets held overseas may also have to be disclosed to the court. Title documents and affidavits signed abroad must be attested or apostilled before they are used in Indian proceedings.
Frequently asked questions about Senior Citizen Protection
Who can claim maintenance under the 2007 Act?
Parents, whether or not they are senior citizens, and senior citizens without children can claim from those who will inherit their property.
Can a gift of property be cancelled?
If property was transferred on condition of care and the condition is not met, the Tribunal can declare the transfer void.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
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