Parents and grandparents who are not able to maintain themselves from their own income. Can ask for maintenance from their children. And, “Childless Senior Citizens” who are not able to maintain themselves. From their own income can ask for maintenance from their relatives.
- Senior citizen in India means an Indian person who has attained the age of 60 years or above.
- Parent- means father or mother whether biological, adoptive or step father or step mother. Whether or not father or mother is a senior citizen
- Maintenance is inclusive of provision for food, clothing, residence, medical attendance and treatment
- Children means son, daughter, grandson, and grand-daughter but do a minor is not included under the same.
- An application for maintenance can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organisation authorised by him. After receiving the application, the Tribunal should issue a notice to the respondent-children/relative and give them time to furnish their reply. The application should be disposed of within a period of 90 days from the date of service of notice of application to the respondent. However, the time can be extended by the in exceptional circumstances and the reasons for the same should be recorded.
- A senior citizen who has transferred his property moveable or immovable. Either by way of gift or otherwise to his children or relative and thereafter the child or relative refuses to look after the Senior Citizen/parent. The transfer of property shall be considered to have been made by fraud. Coercion or undue influence and the appropriate court can declare such transfer. As void and the property can be reclaimed by the senior citizens.
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Senior Citizen
- Leaving alone of a senior citizen at any place by a person who has the duty to care or protect such senior citizen is a criminal offence and such person shall be punish with imprisonment for a term which may extend to 3 months or fine which may extend to 5000 rupees or both.
- An important section has been made for the elderly people to claim their property back from children. If given conditionally after commencement of the Act. On, promise of looking after their needs and amenities if such promise is not fulfilled. Under Section 23, if after commencement of the act any Parents or senior citizens. Have transfer their property to their children or relatives on the condition. That they would provide maintenance and amenities to the senior citizen but later neglect or refuse to do so. The parents or senior citizens can get such transfers void (cancel) at their option by having such transfer. Treat as a fraudulent or coercive acquisition and seek return of their property so transfer.
Delhi High Court
- Recently, in Delhi High Court Justice Navin Chawla order that a senior citizen, has a right to evict his children from the property even if there no ill treatment done to them. The same held in the case of Sandeep Gulati v. Divisional Commissioner [1] decided on 13.03.2020.
- Delhi High Court observed and held as under: “In any case, this Court, in its judgment dated 18.07.2018 passed in Smt. Darshna v. Government of NCT of Delhi & Ors.[2], has held that it is apparent from the plain language of Rule 22(3)(1)(i) that a senior citizen is also entitle to evict his son, daughter or legal heir from his property irrespective of whether it is an ancestral or self-acquire property……..
- A senior citizen just has to show that protection need for his property and there is no need to show that he/she needs maintenance or has been ill-treated by the son or other legal heir.
Reference
[1] W.P.(C) 2761/2020
[2] WP(C) 6592/2018
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