There was no explicit law in India dealing with the maintenance and welfare of senior folks prior to the adoption of the Act. The Act was hailed as a crucial step in addressing India’s ageing population’s requirements and advancing elderly citizens’ rights and dignity.
Introduction
In 2007, the Indian Parliament passed the “Maintenance and Welfare of Parents and Senior Citizen Act of 2007. The Act was passed in response to India’s growing old population, which was unable to support themselves and was reliant on their children or other family members. Concerns about senior folks being mistreated or neglected by their children or other carers served as another impetus for the Act.
The Act addresses the maintenance and welfare of older citizens, including measures for maintenance, protection of life and property, health care, pension, and grievances. It is applicable to all Indian citizens over the age of 60. A Maintenance Tribunal was also created by the Act to hear and decide issues involving the maintenance and care of senior residents.
Also Read: What is the Process of Divorce & 8 Grounds for Divorce?
What are the rights of Senior Citizen on Self Owned Property?
The physical and mental decline that comes with ageing affects both the body and the mind. Over time, a person’s productivity and capacity to work both deteriorate. A person’s family and the government have a duty to take care of him as he ages. However, due to widespread illiteracy and ignorance, many older individuals are uninformed of their rights. This article’s objective is to outline the rights and services provided to the elderly especailly “Senior Citizen Property Rights”.
Is there any Provisions in the Constitution of India?
Yes, All citizens’ rights, especially those of senior citizens, are protected under the Indian Constitution. Part IV contains provisions such as Article 41, which directs the state to establish efficient arrangements for safeguarding the right to labor and public assistance in specific circumstances, such as old age, and Article 46, which directs the state to safeguard the economic interests of the weaker sections (Directive Principles of State Policy)-Read here. Although crucial to the country’s leadership, the DPSP cannot be upheld in a court of law.
The right to request support is guaranteed by the “Maintenance and Welfare of Parents and Senior Citizen Act of 2007”-Read here as well as other laws, such as the Code of Criminal Procedure. Several parts of the Income Tax Act that deal with concessions may be advantageous to senior citizens. In order to save seniors from becoming destitute, the Act aims to provide maintenance for them.
It also protects the lives and property of senior citizens. According to the idea, old age houses would be constructed in each district. The definition of maintenance includes basic necessities of life. This Act applies to all citizens of India who are at least 60 years old. This article discusses a few of the Act’s key clauses
- 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.
- 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.
- 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 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.
What is “Hindu Adoption and Maintenance Act, 1956” & What does it state about Maintenance about old parents?
According to Section 20 of the Hindu Adoption and Maintenance Act, 1956, parents have the right to ask their son and daughter for maintenance if they are unable to support themselves. Parents, whether biological or adopted, are eligible for this benefit. Stepparents with their own children cannot be asked to pay for the upkeep of stepchildren.
Is there any provision in Christian and Parsi Law about Maintenance?
Maintenance is not mentioned in either Christian or Parsi personal laws pertaining to parents. The Christian and Parsi parents must use the Code of Criminal Procedure to demand child maintenance from their children.
Is there any provision in Code of Criminal Procedure about Maintenance?
Regardless of the community they are a part of, parents are allowed to demand support from their children (son and daughter, even married daughters) under section 125 of the CrPC. The kids must be able to assist the parents but not have the money to do so themselves.
Is there any provision in Muslim Personal Law about Maintenance?
In accordance with Muslim personal law, both son and daughter are obligated to support their financially disadvantaged parents. Because the Muslim community does not recognize the concept of adoption, the personal law is mute on the right to maintenance of adoptive parents.
What are the Rights of senior citizens?
Many senior citizens are unaware of their legal rights to claim property left to their children and to ask for the removal or eviction of their children or other family members from their property. Although these rights are protected under the Senior Citizens Act (Maintenance and Welfare of Parents and Senior Citizen Act), which was passed in 2007 and has been in force for 15 years, nothing is known about them.
Can Senior Citizens Reclaiming property gifted to their Children?
Seniors who want to give their children property may consider including a clear clause in the gift/transfer deed stating that the youngster must maintain the senior’s rights. The parent may appeal to the Maintenance Tribunal to have the gift withdrawn and the senior citizen’s belongings returned if the child fails to abide by this obligation.
Some courts have even stated that because an express condition is not required in the deed, it is possible for a condition to be implied when a parent gives a child property out of love and affection or in exchange for services. It would be preferable to provide such an express condition in order to eliminate any potential for ambiguity. Notably, only gifts or transfers made after the Senior Citizen Act was passed in 2007 would be eligible for its benefits.
When Parents Can Transfer the property to child ?
Under the Senior Citizen Act, a senior may give or transfer property to a child if they promise to take care of their basic material needs. If the kid fails to do so, the senior citizen parent has the right to request that a Maintenance Tribunal created under the Senior Citizens Act deem a gift or transfer invalid because it was made dishonestly, coercively, or under undue influence.
Can Parents Evict children from property?
Even though the Senior Citizens Act specifically forbids it, Indian courts, including the Supreme Court, have permitted it in instances of harassment or duty negligence. Courts have also ordered the removal of children from the parents’ home when children have resorted to bullying their parents into handing them the property on the pretext that they are the property’s future legal heirs. The eviction or removal of children from the property has also been affirmed in situations where a child entered into a fictitious agreement for the transfer of property in an effort to upset an elderly parent.
Read complete act :
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007- Complete Act Read Here
Judgments
- Senior Citizens Act Forums Should Not Decide Property Ownership Claims
Hon’ble Delhi High Court in the matter of “Anmol And Another V. Sushila”- W.P.(C) 13825/2022 stated that :-
“The forums constituted under the 2007 Act are neither obliged nor required to undertake a trial with respect to the civil and property rights that may be claimed by the warring factions. Those issues must be ultimately left to be conclusively adjudicated by the competent civil courts. In proceedings initiated under the 2007 Act, the authorities would upon finding that the senior citizens can validly claim an interest in the property, proceed ahead and evaluate steps that would be warranted to be taken in order to safeguard and secure their interest.”
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
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