A father in his seventies is shouted at and pushed by the son living upstairs in the house he built. A widowed mother gifts her flat to her son and is moved into the storeroom a year later. Parents whose children live abroad cannot pay for treatment. A daughter quietly empties her mother's bank account. Delhi sees these situations every day, and the law gives older people strong, fast remedies: monthly maintenance from children through the Maintenance Tribunal, eviction of an abusive son, daughter or legal heir through the District Magistrate under Delhi's own rules, cancellation of a gift made to a child who stopped caring, and dedicated police support. This guide explains each remedy in plain language, with the Supreme Court and Delhi High Court decisions of 2025 and 2026, the step-by-step procedure in Delhi, the documents you need, and what children facing a complaint should know. If you need a will or a protective gift deed, see Mara Vakil's will drafting service.
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a parent of any age or a senior citizen aged 60 or more can claim maintenance of up to Rs 10,000 a month from adult children (or, if childless, from the relative who will inherit), before the SDM-level Maintenance Tribunal in Delhi, which should decide within 90 days. Separately, Rule 22(3)(1) of the Delhi Rules lets a senior citizen apply to the District Magistrate to evict a son, daughter or legal heir, including their spouse, for ill-treatment or non-maintenance, with an appeal to the Divisional Commissioner within 60 days. The Delhi High Court upheld this rule in October 2026, and the Supreme Court confirmed the power to order eviction in August 2026. Where a parent transferred property to a child expecting care in return and the care never came, Section 23 lets the Tribunal treat the transfer as void. Abandonment is a crime under Section 24. For help call 112, the Delhi Police senior citizen helpline 1291, or Elderline 14567.
The main law is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which Parliament passed because the old assumption that families will always look after their elders was no longer holding up in practice. The Act gives older people a fast, cheap and mostly paperwork-light way to make their children support them, and it gives them protection of their life and property. In Delhi, the Act works together with the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, which were amended in December 2016 to add a separate remedy that lets a senior citizen ask the District Magistrate to remove a son, daughter or other legal heir who ill-treats them or refuses to look after them.
Under the Act, "children" include sons, daughters, grandsons and granddaughters who are adults. Minors cannot be made to pay. If a senior citizen has no children, the duty falls on the relative who holds or will inherit the property, and where more than one relative will inherit, the Tribunal can split the burden in the same proportion as their share of inheritance. Children-in-law are not named as payers in the 2007 Act; the 2019 amendment bill tried to add them but it lapsed. However, Delhi courts have read the eviction rule liberally and allowed eviction of a daughter-in-law or son-in-law who lives in the senior's property with the child, as explained further down.
The Act defines maintenance broadly. It includes provision for food, clothing, residence, medical attendance and treatment. It is not only a cash allowance. A Tribunal can order a monthly sum, but it can also direct that the parent be allowed to live in the house in peace, that medicine and treatment be arranged, or that the children stop interfering with the parent's rooms, belongings and movement. Welfare, in the language of the Act, extends to food, health care, recreation centres and other amenities needed by older people.
Section 9 of the Act caps the maintenance a Tribunal can award at Rs 10,000 per month. The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 proposed to remove this ceiling and to let the Tribunal decide based on the parent's standard of living and the children's earnings, but the Bill lapsed with the dissolution of the 17th Lok Sabha in 2024 and has not been passed as of October 2026. If a parent needs more than the cap, a claim under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the provision that took over from Section 125 CrPC) or a civil claim under the Hindu Adoptions and Maintenance Act, 1956 has no such statutory ceiling. You cannot pursue the same claim in two forums at once; Section 12 of the 2007 Act asks you to choose.
On top of these, abandoning a senior citizen is a crime under Section 24, the Delhi Police has a dedicated Senior Citizen Security Cell, and the Protection of Women from Domestic Violence Act protects elderly mothers from abuse at home. Each of these is covered below in plain language.
Many older people put up with abuse for years because they feel ashamed, because they fear losing contact with grandchildren, or because they do not know that the law is firmly on their side. If you or a parent you know is being threatened, pushed, locked in a room, denied food or medicine, or pressured to sign papers, these are the practical steps to take, roughly in this order.
None of these steps commits you to a long court fight. Often a single police visit or a notice from the SDM's office is enough to make a son or daughter change their behaviour. The law is designed for that outcome too: the Tribunal is required to try conciliation before passing a final order.
The Maintenance Tribunal is the forum for a money claim. In Delhi, the Government of NCT of Delhi has constituted Maintenance Tribunals at the sub-division level, presided over by Sub-Divisional Magistrates, and an Appellate Tribunal in each revenue district headed by the District Magistrate (also called the Deputy Commissioner). The Delhi Police Senior Citizen Cell publishes a list of district tribunals with their phone numbers and hearing days. You go to the tribunal of the area where you live, or where you last lived, or where the child lives.
Section 5 allows the application to be made by the senior citizen or parent personally. If they are unable to do so, any other person or a registered voluntary association they authorise can file for them. The Tribunal can also take up a case on its own (suo motu) when it learns that a senior citizen is in need. This matters for parents who are bedridden or too frightened to go to an office: a neighbour, a niece or an NGO can start the process.
Once the application is filed, the Tribunal issues notice to the children. The inquiry is summary: the Tribunal has the powers of a civil court for taking evidence and summoning people, but it is not bound by the strict procedure of a civil suit. Under Section 6, it can refer the case to a Conciliation Officer, who tries to work out a settlement within one month. If a settlement is reached, the Tribunal records it as an order. If not, the Tribunal hears both sides and decides.
Section 5(4) says the Tribunal should dispose of the application within 90 days of serving notice on the respondent, with one extension of up to 30 days in exceptional circumstances, recorded in writing. In practice, the speed varies from district to district, but it remains much faster than an ordinary civil or family case.
Section 17 says that no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner. The idea is to keep things simple and cheap and to stop wealthy children from overwhelming their parents with legal arguments. This does not stop you from consulting an advocate to draft the application, prepare documents, plan strategy, or represent you in the High Court if the matter goes there. Some tribunals allow assistance in difficult cases, and a Maintenance Officer appointed under the Act can represent a parent who asks for help. The prohibition also applies to the children, so they cannot send a lawyer to argue for them either.
The Tribunal can order a monthly allowance up to Rs 10,000, payable within 30 days of the order. Under Section 14, it may also award simple interest, at a rate between 5 percent and 18 percent, from the date it fixes, which can be as early as the date of the application. The Tribunal can also alter its order later if circumstances change, for example if the child's income rises or the parent's medical needs grow (Section 10).
Section 5(8) lets the Tribunal issue a warrant to recover the amount in the manner fines are levied, and to sentence a child who fails without sufficient cause to imprisonment for up to one month for each month's default, or until payment, whichever is earlier. The warrant must be applied for within three months of the amount falling due. In practice, a warrant notice usually prompts payment.
A senior citizen or parent who is unhappy with the Tribunal's order can appeal to the Appellate Tribunal within 60 days, under Section 16. The Act gives the right of appeal only to the senior citizen or parent; children who are aggrieved usually approach the High Court in writ jurisdiction. The Appellate Tribunal is expected to decide within one month of receiving the appeal.
| Step | Who | Time under the Act |
|---|---|---|
| Application for maintenance | Parent, authorised person or NGO, before the SDM-level Tribunal | Any time |
| Conciliation | Conciliation Officer | Settlement attempt within one month |
| Final decision | Maintenance Tribunal | 90 days from notice, extendable by 30 days |
| Payment | Children or relative | Within 30 days of order |
| Recovery warrant | Tribunal, on application | Apply within three months of default |
| Appeal | Parent, before the District Magistrate's Appellate Tribunal | Within 60 days; decision within one month |
This is the remedy most families come to Mara Vakil about. A father has built a house in Janakpuri or Shahdara, his son and daughter-in-law moved in after marriage, and over time the relationship turned ugly: shouting, insults, taking over rooms, stopping the parents from using the kitchen, refusing to buy medicines, and sometimes physical violence. The parents want them out. Delhi is one of the places where the rules give a clear, separate route for this.
In December 2016, the Delhi Government amended the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. The amended Rule 22(3) contains an "action plan" for the protection of life and property of senior citizens. Under Rule 22(3)(1), a senior citizen or parent can apply to the Deputy Commissioner or District Magistrate for the eviction of a son, daughter or legal heir from his or her property on the ground of non-maintenance or ill-treatment. The DM verifies the title and the facts, gives the son or daughter notice and a hearing, and can order eviction. Police assistance is available to carry out the order. An appeal against the DM's order lies to the Divisional Commissioner, Delhi, under Rule 22(3)(4), within 60 days.
The eviction remedy is separate from the maintenance claim. You do not need to have first filed for maintenance, and you do not need to show that you want money from the child. The Delhi High Court has confirmed that the eviction process before the DM is independent of maintenance proceedings before the Tribunal.
The validity of Rule 22(3)(1) was challenged in Punam v. Divisional Commissioner, GNCT of Delhi (2026:DHC:8543-DB), decided by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia and reported on 1 and 2 October 2026. The petitioner, a daughter-in-law, argued that the 2007 Act did not expressly allow eviction, that the Delhi Government had exceeded its rule-making power, and that the rule violated her rights under Articles 14, 15 and 21 as well as her right of residence under the Domestic Violence Act. The Union of India also argued that a State could not frame such a rule.
The Bench rejected the challenge. It held that the rule draws its authority from Section 22 (duty of the State to protect the life and property of senior citizens) and Section 32 (rule-making power) of the Act, and that it is not ultra vires. It relied on the Supreme Court's August 2026 judgment in Ravi Kant Gupta v. State of Uttar Pradesh, which held that tribunals under the Act have power to order eviction to ensure the maintenance or protection of a senior citizen. The Bench said that the contrary view taken by the Punjab and Haryana High Court in earlier cases was no longer good law. It also held that "son, daughter or legal heir" must be read liberally to include their families, so a daughter-in-law living in the property can be evicted.
On the facts, the DM had first rejected the mother-in-law's application, but the Divisional Commissioner allowed her appeal in July 2022. The High Court refused to interfere, noting that the daughter-in-law was a postgraduate teacher with a substantial income and owned a separate house, so her claim to live in the mother-in-law's property was not indefeasible when weighed against the senior citizen's right to live peacefully.
In Ravi Kant Gupta v. State of Uttar Pradesh, 2026 LiveLaw (SC) 824, a bench of Justice P.S. Narasimha and Justice Alok Aradhe dealt with a father whose 81-year-old mother had been forced out of his self-acquired house in Lucknow and into an old-age facility by his son. The SDM had ordered the son's eviction, the DM had upheld it, and the Allahabad High Court had quashed the orders on the ground that the Act did not allow eviction. The Supreme Court restored the eviction. It reasoned that Section 7 creates tribunals, Section 8 gives them civil court powers for a summary inquiry, and Section 27 bars civil courts, so the tribunals must have the implied powers needed to make their jurisdiction effective, including the power to order eviction. The judgment followed the three-judge bench decision in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District (2021) and the 2025 decisions in Samtola Devi v. State of U.P. and Kamalakant Mishra v. Additional Collector.
Earlier, in January 2025, the Supreme Court in Urmila Dixit v. Sunil Sharan Dixit had already rejected a High Court view that tribunals cannot hand over possession, saying tribunals may order eviction if it is necessary and expedient to protect a senior citizen.
Courts have also said that eviction is a strong order and should be passed where it is necessary for the senior citizen's protection, after a proper inquiry. In Samtola Devi (2025), the Supreme Court set aside an eviction order where the evidence of ill-treatment was thin. The DM will look at what has actually happened: complaints made at the time, police records, medical records, witness statements, the condition in which the parents are living, whether the son or daughter has another home, and whether a less drastic order (for example, restraining them from a part of the house) would be enough. Expect to have to prove the ill-treatment or neglect, not just assert it.
Many eviction cases in Delhi involve a son whose marriage has broken down. The son may have moved out, while his wife and children remain in his parents' house. The daughter-in-law may have filed a complaint under the Protection of Women from Domestic Violence Act, 2005, claiming a right to live in the "shared household" under Section 17 and asking for a residence order under Section 19. The parents, meanwhile, want their home back. These cases are among the most difficult, and the courts have tried to balance two sets of rights.
In S. Vanitha (2021), the Supreme Court refused to let the Senior Citizens Act become a quick way of defeating a woman's right of residence in a shared household. Both laws are beneficial and must be read harmoniously. A Tribunal deciding an eviction claim against a daughter-in-law must consider her right to residence and whether she has somewhere else to go. Equally, the right of residence is not absolute.
Delhi decisions in 2025 and 2026 show how the balance is struck. In Punam (2026), the daughter-in-law's claim failed because she had a good income and her own house. In RT v. GNCTD (2026), the widowed daughter-in-law's claim failed for similar reasons, and the Court added that the summary proceedings under the Senior Citizens Act are not the place to decide complex disputes about inheritance, LIC policies and financial assets, which must go to a civil court. In cases where the daughter-in-law has no income and nowhere to go, tribunals are more likely to order alternative accommodation, a partial arrangement, or to leave the question to the court handling the DV case.
The same reasoning applies where a married daughter and her husband move into the parents' house and then ill-treat them. The "legal heir" wording, read liberally as the High Court has done, covers the family of the child living in the property.
If you are a daughter-in-law facing such an application, you should not ignore the notice. Your right of residence, your income, your children's schooling, and whether the son has provided another home, all count. You can read more about residence rights in our guide on domestic violence cases in Delhi.
A common story: a mother, after her husband's death, gifts her flat to her son through a registered gift deed, trusting that he will look after her. A year later he stops speaking to her, his wife tells her to leave, and she finds herself in a single room or at a relative's house. Section 23 of the 2007 Act is written for exactly this situation.
Section 23(1) provides that where a senior citizen, after the commencement of the Act, transfers property by gift or otherwise, subject to the condition that the transferee shall provide basic amenities and basic physical needs to the transferor, and the transferee refuses or fails to provide them, the transfer shall be deemed to have been made by fraud, coercion or undue influence and shall, at the option of the transferor, be declared void by the Tribunal. Section 23(2) adds that where a senior citizen has a right to receive maintenance out of an estate, and the estate is transferred, the right can be enforced against the transferee if he or she knew of the right.
The Supreme Court in Sudesh Chhikara v. Ramti Devi (2022) explained that two conditions must be met: the transfer must have been made subject to a condition that the transferee would provide basic amenities and physical needs, and the transferee must have refused or failed to do so. In Urmila Dixit v. Sunil Sharan Dixit, decided by Justices C.T. Ravikumar and Sanjay Karol and reported on 2 January 2025, the Court allowed a mother's appeal and restored the Tribunal's order cancelling a 2019 gift deed she had made to her son, finding that both conditions were satisfied on the material before it, including a written promise by the son to look after her. The Court stressed that the Act is beneficial legislation that must be interpreted liberally, and it held that the Tribunal can also order the transferee to hand back possession.
The best protection is to think carefully before giving away the roof over your head. Some alternatives that older people in Delhi commonly use:
If a property has already been transferred, our guides on wills and probate in Delhi and property mutation in Delhi explain the paperwork that follows ownership.
The Senior Citizens Act is the fastest route, but it is not the only one. Depending on the facts, these alternatives may be better or may run alongside.
Section 144 BNSS, the successor to the old Section 125 CrPC since July 2024, lets a parent who cannot support himself or herself claim maintenance from a son or daughter who has sufficient means and neglects or refuses to maintain them. A married daughter is also liable. The claim goes before the Family Court in Delhi, which has jurisdiction over this chapter. There is no statutory ceiling on the amount, so where a child earns well and the parent's needs are high, this can produce a larger award than the Rs 10,000 cap under the 2007 Act. The court can also grant interim maintenance.
Section 20 of this Act imposes on a Hindu the obligation to maintain his or her aged or infirm parents, to the extent that the parent is unable to maintain themselves out of their own earnings or property. A civil suit for maintenance and, where appropriate, a charge on property, can be filed. This route is slower but can be combined with other civil relief.
The 2007 Act and Section 144 BNSS are secular laws and apply to all religions. Under Muslim law, adult children with means are also obliged to support needy parents. The procedure in Delhi does not change based on religion.
Where the dispute is really about who owns the house, whether a sale or gift was genuine, or how ancestral property is to be divided, a civil suit for declaration, cancellation of a document, possession, injunction or partition may be needed. These go to the civil courts at the district level, based on the value of the property; the Delhi district courts currently hear civil suits up to Rs 2 crore, and the High Court's original side above that. A civil suit takes longer but produces a final determination of title, which a summary order under the Senior Citizens Act does not.
| Your main need | Usual route |
|---|---|
| A monthly allowance up to Rs 10,000, quickly | Maintenance Tribunal under the 2007 Act |
| A higher allowance from a well-off child | Section 144 BNSS before the Family Court |
| Removing a child or their family from your house | Application to the District Magistrate under Delhi Rule 22(3)(1) |
| Cancelling a gift made to a child who stopped caring | Section 23 before the Maintenance Tribunal |
| Violence or threats at home | Police complaint, and for women, a DV Act case |
| A real dispute about ownership or shares | Civil suit, with interim protection |
Section 24 of the 2007 Act makes it an offence for anyone who has the care or protection of a senior citizen to leave that senior citizen in any place with the intention of wholly abandoning them. The punishment is imprisonment of up to three months, or a fine of up to Rs 5,000, or both. Section 25 makes offences under the Act cognizable and bailable, which means the police can register an FIR and investigate without first getting a magistrate's permission. Leaving a parent at a railway station, a temple, a hospital or an old-age home and disappearing is exactly what Section 24 targets.
Abuse of an older person at home can also involve ordinary criminal offences, for which the BNS applies in the same way as for anyone else:
A mother, mother-in-law, grandmother or widowed aunt living in a shared household is an "aggrieved person" under the Domestic Violence Act. Since the Supreme Court's judgment in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the respondent can be any adult, male or female, who is in a domestic relationship with her. An elderly mother can therefore seek protection orders, residence orders, monetary relief and custody of her belongings against a son, daughter-in-law or daughter. These cases are filed before the Magistrate, usually through a Protection Officer or directly. Our guide on domestic violence cases in Delhi explains the procedure.
Police officers sometimes treat a parent's complaint against a son as a "family matter" and try to send them home. If a cognizable offence is disclosed, the SHO must register an FIR. If they refuse, you can send the complaint to the Deputy Commissioner of Police, and then apply to the Magistrate under Section 175(3) BNSS. Our guide on what to do when an FIR is not registered in Delhi walks through each step.
The Delhi Police has had a Senior Citizen Security Cell at Police Headquarters for many years, and it works with district and police station staff. According to the Delhi Police website, its services include:
The Delhi Police has also run a dedicated mobile application for senior citizens, which the Lieutenant Governor reviewed in August 2026, and beat officers are expected to know the registered seniors living alone in their area. Registration is particularly useful for couples whose children live abroad or in another city.
Financial abuse is often quieter than physical abuse and harder to spot. It can come from children, other relatives, carers, tenants or strangers. Older people in Delhi are also among the most frequent targets of online fraud, including "digital arrest" calls in which fraudsters pose as police, CBI or customs officers and frighten victims into transferring their savings. Some practical protections:
No genuine police officer, judge or government agency places people under "digital arrest" over a video call or asks them to transfer money for "verification". If you get such a call, hang up and call 1930, the national cyber crime helpline, or report at cybercrime.gov.in. Report within the first few hours if money has gone, because the chances of freezing it are highest then. Our guide on cyber fraud in Delhi explains the reporting process in detail.
Many older people avoid making a will because it feels inauspicious or because they fear it will cause quarrels. In practice, an unclear estate is one of the biggest causes of conflict between children while the parents are still alive, because each child tries to secure their share in advance. A clear, registered will, made when you are in good health and with a doctor's note about your mental fitness if you are elderly or unwell, reduces that pressure. You can change it at any time.
The 2007 Act also places duties on the State. Chapter III requires State Governments to establish old age homes, Section 20 requires government hospitals to provide beds and separate queues for senior citizens as far as possible, and Section 21 requires publicity and training on the Act. In Delhi, the relevant support includes:
Mara Vakil does not process pension or welfare applications. For those, the e-District portal, the district social welfare office or an NGO working with older people can help. If a legal dispute is part of the problem, you can find an advocate on Mara Vakil for free.
The following examples are composites based on the kind of situations that come up in Delhi. They are not real cases and the names are invented. They show how the law is applied in practice.
Mr. Kapoor, 74, owns a two-storey house in Rajouri Garden that he bought in 1988. His son lives on the first floor with his family. Over two years, the son stops paying the electricity bill, shouts at his parents, and starts using the ground floor for his business without asking. When Mr. Kapoor objects, the son pushes him and he falls. Mrs. Kapoor calls 112 and the PCR makes a DD entry. Mr. Kapoor applies to the DM of West district for eviction under Rule 22(3)(1), attaching the sale deed, the DD entry, a medical slip and statements from two neighbours. After verification and a hearing, the DM orders the son to vacate the ground floor and stop interfering with his parents, giving him 30 days. When the son still misbehaves, Mr. Kapoor applies again and the son is directed to vacate the whole property.
Mrs. Bhatia, 69, a widow, gifted her DDA flat in Dwarka to her only son in 2021. The gift deed says it is made "out of love and affection and in the expectation that the donee will look after the donor for the rest of her life". Within a year, the son and his wife stop speaking to her and move her into a storeroom. She applies to the Maintenance Tribunal under Section 23. The Tribunal, relying on Urmila Dixit, finds the condition in the deed and the failure to meet it, declares the gift void, and directs the son to restore her possession of the main bedroom while the remaining arrangement is worked out.
Mr. and Mrs. Iyer, both in their late seventies, live alone in Mayur Vihar. All three children live outside India and send little money. The parents are not abused but cannot afford the medical expenses for Mrs. Iyer's illness. They apply to the Maintenance Tribunal against all three children. Notices are served by email and through their Indian addresses. After conciliation, the children agree to share the cost, and the Tribunal records the settlement. The parents also register with the Delhi Police Senior Citizen Cell so that the local police check on them.
Mrs. Saini, 71, and her husband live in their house in Paschim Vihar with their late son's wife and two teenage grandchildren. After the son's death, disputes start over his insurance money. The daughter-in-law files a DV case. The parents apply for eviction. The DM finds that the daughter-in-law is unemployed and has no other home, and that the grandchildren are in school nearby. Instead of full eviction, the DM directs that she occupy the first floor, the parents keep the ground floor, and neither side interfere with the other, while the insurance dispute is left to the civil court.
Mrs. Gupta, 80, gave her daughter her ATM card to withdraw money for groceries. Over eight months, Rs 6 lakh disappears from her account. A grandson notices. Mrs. Gupta files a police complaint for criminal breach of trust and cheating, changes her ATM PIN, adds a second signatory requirement on large withdrawals with the bank's help, and later files for maintenance against her son, who had done nothing to help.
Hearings before the Maintenance Tribunal or the DM are usually held in an ordinary office room, not a courtroom. They can still be stressful. These points help:
An advocate cannot appear before the Tribunal as of right, but can prepare your written application, reply and documents, sit with you outside, and represent you in any appeal or writ petition in the High Court. Many families find a single consultation enough to understand what to file and how.
Not every complaint is fair. Sometimes one sibling uses an elderly parent against another in a property fight; sometimes a parent who is unwell or confused is persuaded to sign an application they do not fully understand. If you receive a notice from the Tribunal or the DM, here is what to keep in mind.
A senior citizen with no children can claim maintenance from a relative who is in possession of the senior's property or who would inherit it. This is useful for elderly people whose nephews or nieces have moved into their house expecting to inherit it but do not look after them.
Children who live outside India are still bound by the Act if they have property, income or a presence in India, and notices can be served through their Indian address and electronically. Enforcement of a money order against someone with no assets in India is difficult, but in many cases the notice alone brings the child to the table.
The Act protects parents of any age against their children. A 55-year-old mother who cannot maintain herself can still apply.
Both are included in the definition of parent. A child who was adopted or brought up by a step-parent can be asked to maintain them.
If one spouse is unable to make decisions, the other spouse or a trusted relative can file on their behalf. Medical records showing the condition are important, both to support the claim and to protect against later allegations that the ill spouse was manipulated.
The 2007 Act is not a shield against a landlord's eviction case. If you are an elderly tenant, the ordinary rent law applies, though courts may give you more time. See our tenant eviction guide.
Living in an old age home does not end the children's duty to maintain. A parent in a home can apply for maintenance to pay the fees, and Section 24 applies if a child has left them there intending to abandon them.
A widow inherits a share of her husband's property under the Hindu Succession Act or her personal law, along with the children. Children sometimes pressure widowed mothers to sign relinquishment deeds giving up their share. Do not sign one without independent advice. Our guides on mutation and wills and probate explain what follows a death in the family.
| Myth | Reality |
|---|---|
| "Once the son lives in the house, he has a right to stay." | No. If the house belongs to the parents, a son who ill-treats or neglects them can be evicted under Delhi's Rule 22(3)(1). Living there does not create ownership. |
| "It is ancestral property, so parents cannot do anything." | Parents can still seek maintenance and protection of their residence. Whether the son has a share is a separate question for a civil court. |
| "A gift deed can never be cancelled." | Under Section 23, a gift made after 2007 on the condition of care can be declared void if the child fails to provide it. |
| "Only parents over 60 can claim." | Parents of any age can claim from their children. The age of 60 matters for senior citizens claiming from relatives. |
| "Daughters have no duty to support parents." | Adult daughters, married or unmarried, are covered by the Act and by Section 144 BNSS. |
| "The police will not interfere in family matters." | Violence, threats, confinement, theft and abandonment are crimes regardless of family relationship. Section 24 abandonment is cognizable. |
| "You need an expensive lawyer to go to the Tribunal." | The Act bars lawyers from appearing before the Tribunal. You can file yourself, with help in drafting if you need it. |
| "Maintenance cases take years." | The Act requires a decision within 90 days of notice, extendable by 30 days. Delays happen, but these cases are far quicker than civil suits. |
| "The daughter-in-law can never be removed because of the DV Act." | Her right of residence is weighed against the parents' right. The Delhi High Court upheld evictions of daughters-in-law in May and October 2026 on the facts. |
| "A will causes fights." | A clear will usually prevents fights. Uncertainty causes more. |
| Stage | Usual time |
|---|---|
| Drafting and filing the application | A few days, once documents are collected |
| Notice to the son, daughter or relative | One to three weeks |
| Verification report (eviction cases) | A few weeks, depending on the district |
| Conciliation (maintenance cases) | Up to one month |
| Hearing and order | Within 90 to 120 days under the Act; longer in practice in some districts |
| Appeal | Filed within 60 days; decision expected in about a month, often longer |
| Writ petition in the High Court | Weeks to months, with interim orders possible at the first hearing |
The timelines above are general indications. Some districts move faster than others, and a contested case with many documents takes longer. Interim protection can usually be sought at the first hearing if there is urgency.
Taking legal action against one's own child is painful. Many parents feel guilt, shame or fear of being alone. It helps to remember that the law exists because this problem is common, and that a legal step is often what makes a child take their responsibility seriously. Some things that help:
Mara Vakil is a technology platform that connects people with enrolled advocates. It is not a law firm and does not give legal advice. Finding and consulting advocates on Mara Vakil is free for clients; any fee for an advocate's work is agreed directly between you and the advocate.
If you are a senior citizen, or the son, daughter or relative of one, you can use the form at the top of this page to describe your situation in a few lines. Enrolled advocates who handle family and senior citizen matters in Delhi can see your request without your phone number, and only the advocate who accepts it can see your number and call you. An advocate can:
Mara Vakil also offers document services that older people often need: will drafting, gift deed drafting with protective conditions, limited power of attorney, legal notice to a child or relative, and affidavits. Each service page explains what is included.
You can also browse family lawyers in Delhi, property lawyers in Delhi or all lawyers in Delhi.
Applications under the Senior Citizens Act and Delhi's Rule 22(3)(1) are a steady and growing area of work in every Delhi district, and the 2026 judgments in Ravi Kant Gupta, Punam and RT v. GNCTD have settled several questions that families used to ask about. While advocates do not appear before the Tribunal as of right, clients need careful drafting, evidence planning, appeals before the Divisional Commissioner, writ petitions, and connected DV, criminal and civil cases. If you are an enrolled advocate who handles these matters, you can join Mara Vakil to receive requests from clients in your area.
Any Indian citizen aged 60 years or more, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Yes. Parents of any age can claim from their adult children under the 2007 Act if they cannot maintain themselves.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, read with the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.
Adult children and grandchildren. A childless senior citizen can claim from a relative who holds or will inherit their property.
Yes. Adult daughters, married or unmarried, are covered by the Act and by Section 144 BNSS.
The 2007 Act does not name them as payers, but Delhi courts allow their eviction from a senior's property along with the child's family.
Food, clothing, residence, medical attendance and treatment, not only a cash allowance.
Rs 10,000 per month under Section 9. The 2019 bill to remove this cap lapsed.
Yes. A claim under Section 144 BNSS before the Family Court, or a civil claim under the Hindu Adoptions and Maintenance Act, has no statutory cap.
Not for the same relief at the same time. Section 12 of the 2007 Act requires you to choose one route.
Before the Maintenance Tribunal of your sub-division, presided over by the SDM. The Delhi Police Senior Citizen Cell lists district tribunals.
The Appellate Tribunal headed by the District Magistrate or Deputy Commissioner of the district.
60 days from the Tribunal's order, under Section 16.
The Act gives the right of appeal only to the senior citizen or parent. Children usually approach the High Court in writ jurisdiction.
The Act requires a decision within 90 days of notice, extendable once by 30 days in exceptional circumstances.
Yes. Any person or registered voluntary association you authorise can file. The Tribunal can also act on its own.
No. Section 17 bars legal practitioners from representing parties before the Tribunal, though you can consult an advocate for drafting.
No. The bar on legal representation applies to both sides.
An officer designated to assist parents and, if they wish, represent them before the Tribunal.
The Tribunal may refer the case to a Conciliation Officer, who tries to reach a settlement within one month.
Yes. You can ask for interim maintenance while the case is pending.
Within 30 days of the order.
Yes. Section 14 allows simple interest between 5 and 18 percent per year.
The Tribunal can issue a recovery warrant and sentence him to up to one month's imprisonment for each month of default, or until payment.
Yes. The application should be made within three months of the amount falling due.
Yes. Under Section 10 the Tribunal can alter the allowance if circumstances change.
Yes. Under Rule 22(3)(1) of the Delhi Rules, you can apply to the District Magistrate to evict a son, daughter or legal heir for non-maintenance or ill-treatment.
Through the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, notified in December 2016.
The Deputy Commissioner or District Magistrate of the revenue district.
The Divisional Commissioner, Delhi, under Rule 22(3)(4), within 60 days.
Yes. In Punam v. Divisional Commissioner (2026:DHC:8543-DB), reported in October 2026, a Division Bench upheld Rule 22(3)(1)(i) and (iv).
Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia of the Delhi High Court.
In August 2026, it held that tribunals under the Act can order eviction to ensure the maintenance or protection of a senior citizen.
No. The Delhi High Court has held that eviction under Rule 22(3)(1) is independent of maintenance proceedings.
Yes, depending on the facts. Delhi High Court upheld such evictions in May and October 2026, weighing her income and alternative accommodation.
Not automatically. Her right to reside in a shared household is weighed against the senior's right to live peacefully.
A 2021 three-judge Supreme Court decision holding that the Senior Citizens Act and DV Act must be read harmoniously, and eviction is part of enforcing protection.
No. The DM verifies title and facts, hears both sides and orders eviction only if it is necessary for protection.
Police complaints, DD entries, PCR records, medical slips, photographs, messages, recordings and statements from neighbours.
Yes. Partial eviction, such as from one floor, is possible depending on the facts.
The order fixes the period. In RT v. GNCTD (2026) the High Court gave 45 days.
The police can assist in enforcing the DM's order. Inform the SHO with a copy of the order.
Delhi courts have read the rule to cover property in which the senior citizen has a legal right or interest, not only self-acquired property.
The DM can still protect your residence. A genuine dispute about shares must go to a civil court.
Yes, if she or her family ill-treat or neglect the parents in the parents' property.
Yes. Adult grandchildren and other legal heirs are covered.
Yes, under Section 23, if the gift was made on the condition that he would care for you and he has failed to do so.
The transfer must have been subject to a condition of providing basic amenities and needs, and the transferee must have refused or failed to provide them.
In January 2025 it restored a Tribunal order cancelling a mother's gift deed to her son and held that tribunals can order return of possession.
It applies to transfers made after the Act came into force, which in Delhi means from 2008.
It is strongly advisable. Claims are easiest when the deed itself records the condition.
Before the Maintenance Tribunal.
The position becomes complex and a civil suit may be needed along with the Tribunal claim.
Usually yes for older people, because a will takes effect only after death and can be changed at any time.
Yes. You can revoke or change a will at any time while you are of sound mind.
Be cautious. Limit any power of attorney to a specific purpose and period, and revoke it when no longer needed.
Yes. Section 24 punishes abandonment of a senior citizen with up to three months' imprisonment, a fine up to Rs 5,000, or both.
Yes. Section 25 makes offences under the Act cognizable and bailable.
Yes. She is an aggrieved person in a domestic relationship and can seek protection, residence and monetary orders.
Yes. Since Hiral Harsora (2016), any adult in a domestic relationship can be a respondent.
Hurt, wrongful confinement, criminal intimidation, theft, criminal breach of trust, cheating and forgery under the BNS.
That can be wrongful confinement under Section 127 BNS. Call 112 and file a complaint.
It may amount to criminal breach of trust or theft. Change your PIN, inform the bank and file a complaint.
Write to the DCP, then apply to the Magistrate under Section 175(3) BNSS.
1291. For emergencies, call 112 or 100.
Online at seniorcitizen.delhipolice.gov.in.
Regular phone calls and visits, coordination with local police, advice on security and verification of domestic help.
Yes, there is no fee.
A national helpline for senior citizens run by the Ministry of Social Justice and Empowerment.
Yes. The Delhi Police verifies domestic help, drivers and tenants.
A scam where fraudsters pose as police or officials on video calls and frighten victims into transferring money. No genuine agency does this.
Call 1930 or report at cybercrime.gov.in immediately, and inform your bank.
Yes. The Department of Social Welfare runs an old age assistance scheme for eligible residents. Check current amounts on the e-District portal.
Legal services authorities provide free lawyers to eligible persons. Call 15100 or check our free legal aid eligibility page.
All citizens aged 70 and above are eligible under Ayushman Bharat through the Ayushman Vay Vandana card, regardless of income.
Yes. The Delhi Government runs and funds senior citizen homes, with varying admission criteria.
Yes. Living in an old age home does not end the children's duty.
Yes. Notices can be served at his Indian address and electronically, though enforcement may be harder.
Yes, if they hold or will inherit the senior citizen's property.
Yes. Parent includes step-father and step-mother.
Yes.
Yes, a registered voluntary association authorised by the senior citizen can file.
Yes, with your written authorisation.
Ideally yes, but if you are unwell, ask the Tribunal for accommodation or for an official to visit.
Originals and copies of all documents, an index, and someone to accompany you.
No. Proceedings are summary and cannot decide complex title or inheritance disputes.
Usually not. The Rule 22(3)(1) route is faster. A civil suit is needed for genuine title disputes.
The district civil courts for suits valued up to Rs 2 crore, and the Delhi High Court above that.
Yes, against orders of the Divisional Commissioner or Appellate Tribunal, or where authorities fail to act.
Proceedings before the Maintenance Tribunal are intended to be low cost and generally do not involve court fees.
Often a few months from filing to order, though it varies by district.
Yes. Ask the DM or Tribunal for interim directions to the police if you are in danger.
Report each incident to the police and inform the authority that passed the order.
Yes. Orders often direct the SHO to protect the senior citizen's life and property.
Not without your consent. Forcible re-entry may be house trespass.
No. Tenants are governed by the rent and property laws. See our tenant eviction guide.
No. The Act does not protect tenants against a landlord's eviction case.
No. Do not sign one without independent advice. Coercion can be challenged.
Yes, she takes a share under the Hindu Succession Act or her personal law, along with the children.
A nominee receives it, but legal heirs or will beneficiaries may still have a claim.
It is a sensible precaution, with copies at home.
Check with the sub-registrar's office or the online registration records periodically.
Yes, by a written revocation, preferably registered and notified to the attorney and relevant offices.
Up to one month's imprisonment for each month of default, until payment.
Yes. It is a secular law.
It applies to children with property, income or presence in India, and to Indian citizen seniors.
SDMs preside over Maintenance Tribunals and often verify facts in eviction cases.
The DM heads the Appellate Tribunal and decides eviction applications under Rule 22(3)(1).
A Daily Diary entry at a police station recording a complaint or call. Ask for a copy.
Dated notes made at the time are strong evidence before the Tribunal or DM.
Yes, recordings and messages can support your case, preferably with a certificate under the Bharatiya Sakshya Adhiniyam where required.
Explain why you came on your own, and support your account with independent evidence.
A spouse or trusted relative can file on their behalf. Medical records are important.
It can be raised in conciliation, though the Act does not give a direct right of access.
Respond with facts and proof of support, offer a workable arrangement and, if aggrieved by an order, file an appeal or writ.
He can, but he must prove it. It may matter in a civil case but does not override the parent's right to protection.
No. Occupation does not create ownership.
Only if she ill-treats or neglects them. Authorities will weigh her circumstances.
Yes. The Tribunal's conciliation and court mediation centres can help families reach a settlement.
Authorities can shape practical orders, and alternative accommodation is often considered.
Report it to the police immediately. Intimidation is an offence under Section 351 BNS.
You can seek an order restraining him from interfering with your use of the house, or eviction.
As owner you can, but an occupant may resist. Resolve occupation first.
Yes, a person can will self-acquired property to anyone. Ancestral property rules differ.
For elderly or unwell testators, a doctor's note about mental fitness helps prevent later challenges.
Registration is optional but adds evidential strength. Mara Vakil offers will drafting.
A clause letting you live in and use the property for life even after gifting it.
Yes. A carefully drafted conditional gift can include conditions and consequences of breach.
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Yes. Drafting and planning are the main areas where advocates help.
Practice varies. Advocates commonly appear in writ petitions before the High Court.
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Get safe, call 112 or 1291, tell someone you trust, secure your documents and make a written complaint.
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