Did You Know That Failing to Maintain Aged Parents Can Result in Eviction?

In September 2025, the Supreme Court of India reiterated the powers of Maintenance Tribunals to evict children or relatives from a senior citizen’s property, if they breach their maintenance obligations. 

In Kamalkant Mishra v. Additional Collector, an 80-year-old father wanted to evict his eldest son from two houses the father had bought himself. The son, then 59, had stopped the parents from entering their own home. The Bombay High Court had cancelled the son’s eviction by the parents, but the Supreme Court restored it. It stressed that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is meant to protect the welfare and dignity of older persons. 

Who is considered a senior citizen under the Act?

A senior citizen is any person aged sixty years or above. The Act is designed to protect elderly individuals who may be dependent on family members for financial support, healthcare, and basic living needs.

What does “maintenance” mean under the Act?

Maintenance under the Act is broadly defined. It includes the provision of food, clothing, residence, medical care, and treatment, with the objective of enabling senior citizens to lead a normal and dignified life rather than merely survive.

What Does the Constitution say aboutElderly Rights?

Article 41 of the Constitution of India mandates the state to provide public assistance in cases of old age, sickness, and disablement. Article 46 promotes the welfare of weaker sections, including the elderly. 

The right to life under Article 21 (Fundamental Rights) has been expansively interpreted to include dignified living, including maintenance and protection from neglect (Common Cause v. Union of India, 2018). Article 39A ensures equal justice and free legal aid for the elderly. India also has commitments under the UN Principles for Older Persons (1991) and the Madrid International Plan of Action on Ageing (2002).

The National Policy for Older Persons (1999) and the Integrated Programme for Older Persons  also provide schemes like pensions and healthcare.

What is the law onMaintenance of Senior Citizens?

The Senior Citizens Act, 2007, addresses the vulnerabilities of persons aged 60 or above. It imposes obligations on children and relatives to provide financial support, healthcare, and a dignified living environment. “Maintenance”  includes monthly provision for food, clothing, residence, medical care, and treatment.

The obligation to maintain parents or senior citizens who are unable to support themselves from their own earnings or property applies to: 

• Children including sons and daughters (excluding minors)
• Grandsons, and granddaughters (excluding minors)
• Other legal heirs
• Relatives who possessing or inheriting the senior citizen’s property 

Where more than one relative is entitled to inherit the property of a senior citizen, the obligation is shared by them in proportion to the share they would inherit.

If children or relatives deliberately leave or neglect senior citizens, which exposes them to harm or vagrancy, they can face up to three months’ jail time, a fine up to ₹5,000, or both. 

Who can apply for maintenance?

The senior citizen or parent themselves can file applications for maintenance before Maintenance Tribunals.. If they are incapable of doing so, then any person or voluntary organisation (including registered NGOs) authorised by them can file the application. 

The Tribunal can also take cognizance of cases on its own, without a formal application. 

What orders can the Tribunal pass?

During the case, the Tribunal can order interim monthly maintenance , directing children or relatives to provide immediate financial support. Tribunals can award up to ₹10,000 monthly maintenance (or higher in some states via rules).

What does the law say about property rights of senior citizens?

Section 23  of the Senior Citizens Act makes any property transfer (gift, will, or otherwise) made by a senior citizen after December 29, 2007 void, if the condition of transfer was maintenance, and the person who got that property failed to provide maintenance. Tribunals can revoke such transfers and order eviction to restore possession to the senior citizen.

Section 22 of the Act empowers state governments to frame rules for protecting senior citizens’ life and property, including eviction mechanisms. Many states, like Maharashtra authorize Tribunals to evict children or relatives harassing or denying maintenance to seniors.

In response to concerns about neglect and abuse of senior citizens, several states (e.g., Uttar Pradesh in 2023) amended their rules to enhance the powers of Maintenance Tribunals, including provisions for police assistance to enforce eviction orders against relatives who refuse maintenance or harass elderly parents. 

The Atal Vayo Abhyuday Yojana (2021) further integrates maintenance supports with digital literacy programmes and dedicated abuse helplines, recognising that social inclusion and financial autonomy are key to elder welfare. 

The Supreme Court reaffirmed that a senior citizen can set aside a property transfer made on the promise of maintenance when the transferee fails to provide care, and that Tribunals have the authority to order eviction and restore possession where necessary to effectuate the protective purpose of the Act.