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Family & Access to Justice 3 min read

Can Parents Legally Claim Maintenance From Their Children?

Yes — and the process is faster and simpler than most people expect.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 lets parents and senior citizens (60+) claim maintenance from their children or legal heirs who fail to support them, through a simplified Tribunal process — no need for a lengthy civil court case.

An application can be filed with the local Maintenance Tribunal (usually headed by the Sub-Divisional Magistrate), and the process is designed to conclude within 90 days.

The Act also allows a senior citizen to cancel a property transfer (like a gift deed) made to a relative, if that relative later fails to provide the promised care and maintenance in return.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The core law creating this simplified Tribunal process

Quick Answers

Still wondering about...

Can this apply even if there was no written agreement about care?
Yes — the Act doesn't require a prior written agreement for a basic maintenance claim, though a documented property-for-care arrangement strengthens a transfer-cancellation claim specifically.

Adhikar is an independent citizen-awareness platform, not a Government of India website and doesn't take a position on the NEET protests themselves — this is general information about rights every student already has, not legal advice for a specific situation. For that, contact a lawyer or the free legal aid helpline (15100).