Maintenance and Eviction Under the Senior Citizens Act 2007

Who can claim maintenance under the Senior Citizens Act?

Two kinds of people can claim. A parent, meaning a father or mother, whether biological, adoptive or step, can claim against their children whatever the parent's age. A senior citizen, meaning an Indian citizen aged 60 or above, can claim even without children, against a relative. The claim is open to anyone who cannot maintain themselves from their own earnings or property. That last condition is read sensibly: a parent who owns a house but has no income to run it, or whose pension does not cover medical bills, can still claim.

A parent claims against one or more of their children. 'Children' includes sons, daughters, grandsons and granddaughters, but not minors. A childless senior citizen can claim against a relative who is in possession of the senior citizen's property or who would inherit it. Where more than one relative would inherit, the liability is shared in proportion to what each would receive.

Maintenance under the Act is wider than money for food. It covers food, clothing, residence, medical attendance and treatment, so that the parent can lead a normal life. The duty of children is to meet those needs, and a tribunal can order a monthly allowance to make sure they do.

How much maintenance can the Tribunal order?

Up to ₹10,000 a month, under section 9 of the Act. The Tribunal fixes the amount based on the parent's needs and the children's means, within that ceiling. If several children are liable, it can split the amount among them. It can also order interest between 5% and 18% a year on the maintenance from the date it fixes, and pass an interim maintenance order while the application is pending.

The ₹10,000 ceiling is low by today's standards, and courts have said so. A Bill introduced in Parliament in 2019 proposed to remove the cap and widen the definitions, but it did not become law, and the ceiling in the Act remains. Where a parent needs more, for example to cover regular medical treatment, the alternative is a claim for maintenance from children under section 144 BNSS before the magistrate, which has no fixed upper limit. A parent cannot pursue both remedies for the same claim at once; section 12 makes them choose.

In practice, the money order is often less important than the other things the Tribunal can do: get the children to the table, record undertakings about residence and medical care, and in Delhi, open the route to eviction where a child living in the parent's house is the problem.

Which Tribunal hears the case, and how fast?

Each state notifies Maintenance Tribunals presided over by an officer not below the rank of Sub-Divisional Officer, and Appellate Tribunals presided over by an officer not below the rank of District Magistrate. In Delhi, the SDM of the sub-division acts as the Maintenance Tribunal and the District Magistrate (Deputy Commissioner) of the district acts as the Appellate Tribunal. The application can be filed where the parent lives or last lived, or where the child lives.

The procedure is summary. The Tribunal issues notice to the children, can refer the matter to a conciliation officer to try to settle it, and then hears both sides and decides. The Act requires the Tribunal to decide within 90 days from service of notice on the children, extendable once by 30 days in exceptional circumstances. Not every Tribunal manages this, but the deadline is real and can be pointed to if the case drifts.

The Tribunal can also take up a case on its own, and an application can be filed on a parent's behalf by another person or a registered organisation the parent authorises. This helps where the parent is bedridden or afraid of the child.

Can I take a lawyer to the Maintenance Tribunal?

Section 17 of the Act says that no party before a Maintenance Tribunal or Appellate Tribunal shall be represented by a legal practitioner. The idea is to keep the process simple and stop it becoming a court case. In practice, many parents still take help in drafting the application, organising documents and preparing what to say, and the Tribunal may allow a family member or a social organisation to assist.

Advocates do appear at the next stage. A writ petition in the High Court challenging a Tribunal's or Appellate Tribunal's order, a civil suit about title to the property, or a domestic violence case connected with the eviction all need proper legal representation. Advocate B.K. Singh's practice usually comes into these matters at that point, either preparing the parent's papers in advance or defending an order once the child challenges it in the High Court.

Senior Citizens Act or section 144 BNSS: which to use?

Both give parents a right to maintenance from children. They work differently, and section 12 of the Act means you must choose one for the same claim.

How to file a maintenance application in Delhi

1. Prepare a short application

   Write the parent's name, age and address, the names and addresses of each child, what the parent's income and expenses are, what the children earn as far as known, and what has happened. Ask for a monthly amount, interim maintenance and any specific directions, such as payment of medical bills.

2. Attach supporting papers

   Proof of age, proof of relationship, pension or bank statements, medical prescriptions and bills, and any letters, messages or police complaints showing neglect or ill-treatment.

3. File before the SDM

   File the application at the SDM office of the sub-division where the parent lives or where the child lives. Keep a receipted copy. Ask for interim maintenance if the parent's need is urgent.

4. Attend conciliation if referred

   The Tribunal may send the matter to a conciliation officer. Go with a clear view of what would actually solve the problem: money, a fixed contribution to medical costs, or the child moving out.

5. Attend the hearing and give your account

   The parent speaks for themselves; a family member may help. The children reply. The Tribunal may ask for documents about the children's income.

6. Get the order and enforce it

   If the child does not pay, apply to the Tribunal for enforcement. The Tribunal can issue a warrant to recover the amount and, for each month's default, sentence the child to imprisonment of up to one month or until payment.

What happens if the son or daughter does not pay?

The Tribunal enforces its own order. Under section 5(8), if a child ordered to pay fails to comply without sufficient cause, the Tribunal can issue a warrant for levying the amount due, in the manner fines are levied, and can sentence the child to imprisonment for up to one month for each month's unpaid allowance, or until payment if sooner. The application for enforcement must be made within three months of the amount falling due.

In practice, the threat of a warrant is often enough. Children who ignored notices usually start paying when the Tribunal moves to enforcement. Keep a simple record of what has been paid and when, because the Tribunal will ask for it.

Separately, section 24 makes it an offence for anyone who has the care or protection of a senior citizen to leave them in any place with the intention of wholly abandoning them. The punishment is imprisonment of up to three months, a fine of up to ₹5,000, or both. Offences under the Act are cognizable and bailable, so a police complaint can be made directly.

Can parents evict a son or daughter from their house in Delhi?

Yes, through a specific procedure in the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules 2009, added by amendment in 2016. Under Rule 22(3)(1), a senior citizen or parents can apply to the Deputy Commissioner or District Magistrate of the district for eviction of a son, daughter or legal heir from their property, where that person is not maintaining them or is ill-treating them. The rule, in its current form, covers property of any kind, movable or immovable, ancestral or self-acquired, tangible or intangible, in which the senior citizen has a right.

The process is meant to be quick. The District Magistrate forwards the application to the SDM within 15 days for verification of the title to the property and the facts. The SDM sends a report for final orders within 21 days of receiving it. If eviction appears justified, the District Magistrate issues a show-cause notice to the son, daughter or heir, giving them at least ten days to reply, and then passes a final order. If the order is not obeyed, the police can be directed to carry it out. An appeal against the District Magistrate's order lies to the Divisional Commissioner.

The Delhi High Court has upheld this rule as valid and has said that it should not be read narrowly. Other states have their own rules, and the procedure in Noida and Ghaziabad under the Uttar Pradesh rules is different, so check the rules of the state where the property is.

Can a daughter-in-law be evicted under the Senior Citizens Act?

Sometimes, but her rights under the Domestic Violence Act must be weighed. In S. Vanitha v Deputy Commissioner, Bengaluru Urban District (2020), the Supreme Court held that the Senior Citizens Act does not override a woman's right to reside in the shared household under the Protection of Women from Domestic Violence Act 2005. A tribunal can order eviction where it is needed to protect a senior citizen, but a daughter-in-law's right of residence cannot be defeated simply by her in-laws obtaining an eviction order, particularly where the eviction is really part of a matrimonial dispute.

The Delhi High Court has since held that a daughter-in-law does fall within Delhi's eviction rule, and in a 2026 decision it upheld her eviction where she had a separate house and substantial income of her own, so that her claim to stay in the in-laws' home was not indefeasible. The outcome turns on facts: whether she has somewhere else to live, whether the parents genuinely need protection, whether a matrimonial case is pending, and whether the house is a shared household at all.

If you are a parent in this situation, expect the authority to ask about any pending domestic violence or matrimonial case, and be ready to explain why eviction is needed for your safety rather than as a step in your son's divorce. If you are the daughter-in-law, raise your residence rights clearly and early. Our post on residence orders under the Domestic Violence Act explains those rights.

Can I take back a house I gifted to my son? Section 23 explained

Yes, if the gift was made on condition that he would look after you and he has failed to do so. Section 23(1) says that where a senior citizen transfers property by gift or otherwise, subject to the condition that the transferee will provide basic amenities and physical needs, and the transferee refuses or fails to do so, the transfer is deemed to have been made by fraud, coercion or undue influence. At the senior citizen's option, the Tribunal can declare it void.

The condition is the key. In Sudesh Chhikara v Ramti Devi (2022), the Supreme Court held that section 23(1) applies only where the transfer was subject to such a condition and the transferee failed to meet it. In Urmila Dixit v Sunil Sharan Dixit (January 2025), it emphasised that the Act is beneficial legislation to be read in a way that advances its purpose, set aside a High Court judgment that had taken a strict view, and restored the cancellation of a gift deed where the mother had transferred the house to her son along with a written undertaking from him to care for her. Courts look at the whole transaction, not just the wording of the deed.

Section 23(2) adds a separate protection: a senior citizen who has a right to receive maintenance out of an estate can enforce it against a transferee of that estate who knew of the right, or who took it without paying for it. So a son cannot escape his obligation by passing the house on to someone else in the family.

What to collect before you apply

Tribunals and District Magistrates decide quickly on papers. The better your file, the faster the order.

• Proof of age (Aadhaar, passport or pension papers) and proof of relationship with each child
• Your income: pension slips, bank statements, rent receipts, interest income
• Your expenses: medicine bills, hospital records, household bills
• Title documents of the house: sale deed, conveyance deed, allotment letter or mutation
• The gift deed, will or any document you signed transferring property, with any written promises from the child
• Police complaints, PCR call records, medical reports of injuries, if any
• Messages, letters or recordings showing neglect, threats or ill-treatment
• Details of each child's job, business, income and address, as far as you know them
• Information on any matrimonial or domestic violence case involving a son and daughter-in-law living with you
• Names of neighbours, relatives or a resident welfare association office-bearer who can confirm what has happened

What the Tribunal cannot decide

The Tribunal is not a civil court. It can decide maintenance, apply section 23 and, through the state's procedure, support eviction. It cannot finally decide disputed questions of title, such as whether a house is joint family property in which the son has a share by birth, whether a will is genuine, or whether a sale between family members was valid. Where title is seriously contested, the authority may confine itself to protecting the senior citizen's residence and leave title to the civil court.

This matters for planning. If your son claims the house is ancestral and he is a coparcener, an eviction order may protect you in the short term while the title dispute goes to a civil court in a partition or declaration suit. Our page on civil and property cases in Delhi explains those suits. A point Advocate B.K. Singh makes to families early on is that the Tribunal is the right forum for protection and maintenance, and the civil court is the right forum for ownership; using the wrong one for the wrong question wastes a year.

Mistakes parents make under the Senior Citizens Act

• Waiting too long. Parents often put up with neglect for years. The longer the delay, the harder it is to show that the child's conduct is the cause and that urgent protection is needed.
• Gifting property with no written condition. After Sudesh Chhikara, a gift with no condition of care is hard to undo under section 23. If you gift, record the condition in the deed or in a document signed at the same time.
• Filing under both laws for the same claim. Section 12 makes you choose between the Act and section 144 BNSS. Filing both invites objection.
• Using eviction as a weapon in a son's divorce. Authorities and courts see through this, and the daughter-in-law's residence rights will be enforced.
• Ignoring the state rules. The Delhi eviction procedure does not apply to property in Noida or Ghaziabad. Check the rules where the property is.
• Not keeping records. Bills, police complaints and messages are what the authority decides on. Keep copies in one folder.

Police help and other protections

Sections 21 and 22 of the Act require state governments to take measures to protect the life and property of senior citizens, and Delhi has a dedicated Delhi Police helpline for senior citizens, 1291. Senior citizens living alone can register with their local police station, and beat officers are expected to check on them. The national Elderline, 14567, gives information and helps connect callers with local services.

If there is immediate danger, call 112 first. A police complaint about assault, threats or wrongful confinement by a child is a criminal matter in its own right and does not depend on any Tribunal application. The record of such complaints is also strong evidence in the maintenance and eviction proceedings.

If you are the son or daughter facing a claim

Take the notice seriously and attend. The Tribunal can decide in your absence, and orders under the Act are enforced quickly. Answer the claim on facts: what you contribute, what the parent's own income is, who else in the family is liable, and whether the allegations of ill-treatment are true. If you are willing to provide a fixed amount or pay specific bills, say so; Tribunals prefer workable arrangements.

Under the Act, only the parent or senior citizen can appeal to the Appellate Tribunal. A child who is aggrieved by an order generally has to challenge it by a writ petition in the High Court under Article 226, which reviews whether the authority acted within its powers and followed a fair procedure. It is not a fresh hearing on facts. Eviction orders under the Delhi rules are appealable to the Divisional Commissioner by either side.

If the real dispute is about ownership, raise it clearly and consider filing in the civil court. And if you are a married son whose wife is also affected, remember that her rights are separate from yours.

What to do this week

If you are a parent, decide what you actually need: money, medical support, your child out of the house, or the return of property. Collect the papers in the checklist above. For maintenance, file before the SDM where you live. For eviction in Delhi, apply to the District Magistrate of your district under Rule 22. For a conditional gift, ask the Tribunal to declare it void under section 23. If there is danger, call 112 or 1291 first.

If the problem is part of a wider family dispute, such as a son's divorce or a guardianship question for grandchildren, see our pages on family law and our post on guardianship of a minor's property.

If you want an advocate to prepare the application, check the title documents or defend an order in the High Court, the team of Advocate B.K. Singh at B.K. Singh & Associates can look at the papers and explain the route. You can reach us through the online enquiry page.