Rapid Fire
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- 12 Apr 2025
- 2 min read
The Supreme Court dismissed a senior couple’s plea to evict their son from their property under the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act, 2007.
- About the MWPSC Act (Senior Citizens Act): The Act empowers senior citizens (60 years and above), who are unable to maintain themselves from their income or property, to seek maintenance from their children or legal heirs.
- Children or relatives are legally obligated to support elderly parents so they can live a dignified life.
- Special tribunals and appellate tribunals have been established to hear maintenance-related cases under this Act.
- Under Section 23(1), if a senior citizen gifts or transfers property on the condition that the transferee provides basic care and amenities, the transfer can be voided if the condition is violated.
- Section 23(2) ensures the right to maintenance from an estate even if it is transferred, provided the new owner is aware of this obligation.
- DV Act vs Senior Citizens Act: The Protection of Women from Domestic Violence Act, 2005 (DV Act) grants women the right to reside in a shared household, even if they have no ownership in the property. But the Senior Citizens Act allows senior citizens to seek eviction of children or relatives from their property if they fail to maintain them or cause distress.
- The DV Act protections remain valid, and residence rights of women must be carefully weighed against the rights of senior citizens.
| Read more: Safeguarding the Rights of Elderly |
