02 October, 2011

Special Legal Tip for Old Parents


The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 passed by parliament in December 2007, has been brought in to force by all seven UTs and following 23 states

Andhra Pradesh, Karnatka Kerala, Tamil Nadu, Maharashtra, Gujarat, Madhya Pradesh, Goa ,Chhattisgarh, Punjab ,Haryana ,Rajasthan, Uttarakhand ,West Bengal , Orissa, Bihar, Jharkhand Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Nagaland

SALIENT FEATURES OF THE ACT

  • Definitions

“Senior Citizen” is any citizen of India aged 60+, whether living in India or not.

“Parent” is a father or mother, even if below 60 years in age.

“Children” include adult son, daughter, grandson and granddaughter.

  • Whether , Senior Citizen / parent/ grand parent, who is unable to maintain himself from his own income, can claim maintenance from his children.
  • A childless Senior Citizen can claim maintenance from his relative who is in possession of , or would inherit the senior citizen’s property.
  • Obligation of the children/relative with sufficient means is to meet the needs of the parents/senior citizen so that they can lead a normal life.
  • State Governments have constituted /are constituting Maintenance Tribunal at Sub Divisional Level. Senior Citizen may submit application for maintenance to this tribunal.
  • If Senior Citizen is incapable of making a application himself, any other person or registered voluntary organisation authorized by him can file it on his behalf.
  • Maintenance Tribunal can award up to Rs. 10,000 per month as maintenance allowance payable to the senior citizen by his child/relative. They have to decide the application for maintenance within ninety days.
  • Transfer of property by senior citizen in favour of a child/relative, done after commencement of the act can be declared void by the Tribunal in case of negligence by child/relative looking after the senior citizen.
  • Appeal against an order of Maintenance Tribunal can be the filed with the District Level Appellate Tribunal.
  • Legal practioners cannot represent parities before Maintenance & Appellate Tribunals.
  • State Governments are also to designate the Distt. Social Welfare Officer or an equivalent officer as Maintenance Officer, who can then represent a parent, on request, before a Maintenance or Appellate Tribunal.
  • Abandonment of a Senior citizen is punishable with imprisonment up to 3 months, or fine up to Rs. 5000/-, or both.

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