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Author Topic: Maintenance and Welfare of Parents and Senior Citizens  (Read 2496 times)

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Offline advkhanna

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Maintenance and Welfare of Parents and Senior Citizens
« on: May 03, 2017, 08:55:02 AM »
Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The Act aims at providing maintenance to senior citizens in order to prevent their destitution. It also seeks to protect the life and property of the senior citizens. It envisages setting up Old Age Homes in every district. The definition of maintenance covers basic necessities of life. This Act applies to all the citizens of India, who have crossed the age of 60 years. Some of the important provisions of the Act are discussed herein.

A childless senior citizen can claim maintenance from any relative who possess his property or who would inherit it.
The state government is directed to constitute a tribunal which would hear the cases regarding maintenance.
The maximum maintenance allowance is to be specified by the state government which should not exceed 10,000 per month.
There is the provision of imprisonment if a person defaults in the payment of maintenance as per the order of the tribunal.
The appeal against the order of the tribunal can be made to the appellate tribunal within a period of 60 days.
The tribunal may conduct a summary
The parties cannot engage a legal practitioner for the proceedings to cut the cost of the proceedings.
The Act provides for establishment of at least one old-age home in each district with a capacity to shelter 150 senior citizens.
A senior citizen can also cancel the transfer of his property by will or gift by applying to the tribunal.
The Act prescribes punishment for the abandonment of parents or senior citizens by a person who is liable to take care of them.

Offline San.123

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Re: Maintenance and Welfare of Parents and Senior Citizens
« Reply #1 on: May 14, 2018, 11:54:09 AM »
Does this law applies to all offsprings irrespective of their financial , social and other abilities ?
Does this law makes selective accounting of elder /eldest out of all sons and daughters or one who commands the whole household I.E. the most dominant copersoner in a Karta less HUF?
Is a son/daughter living abroad prosecutable under this law as he/she had not make any provisions for parents well beings?
Is a son financially unsettled and dependant on wife (who is a homemaker by profession and finance under question is entirely Streedhan ) liable to be prosecuted under this law if there exist another well settled sibling who is to inherit half of parents properties but living elsewhere and purposefully shrugging off his duties ? Who would be liable here 1 or 2?

« Last Edit: May 14, 2018, 12:02:44 PM by San.123 »

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