Senior citizen act 2007

Guest (Querist) 30 September 2024 This query is : Resolved
Senior citizen earning a pension of 50,000 and staying in there own home with her daughter without his son are entitled to receive maintenance from son from senior citizen tribunal.

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The Senior Citizen Act 2007 clarifies that parents or senior citizens unable to support themselves are entitled to maintenance from their children. The Gujarat High Court has affirmed that a parent's right to claim maintenance isn't limited by their own earnings, reinforcing that children have a legal obligation to ensure their parents can lead a normal life. This entitlement applies even if the senior citizen receives a pension, as the law prioritises their welfare.

kavksatyanarayana (Expert) 30 September 2024
The High Court of Gujarat in a case, expressed that The right of the parent or senior citizen to make an application for maintenance, if such parent or senior citizen is not able to maintain himself from his earnings cannot be denied/taken away or curtailed by applying and superimposing the monetary limit prescribed for Section 9 of the Act....

T. Kalaiselvan, Advocate (Expert) 30 September 2024
The law in this regard has been properly explained by expert Mr KAVK Satyanarayana Sir.
As epr section 4 of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007,
1. A senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, shall be entitled to make an application under section 5 in case of -
i. parent or grand-parent, against one or more of his children not being a minor
ii. a childless senior citizen, against such of his relative referred to in clause (g) of section 2
2. The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.
3. The obligation of the children to maintain his or her parent extends to the needs of such parent
either father or mother or both, as the case may be, so that such parent may lead a normal life.
4. Any person being a relative of a senior citizen and having sufficient means shall maintain such
senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:
Provided that where more than one relatives are entitled to inherit the property of a senior citizen,
the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

Sudhir Kumar, Advocate (Expert) 03 October 2024
Practically the parents are liability of that child who initial decided to keep them and absolve all siblings rpm any responsibility. They can come an pretend to care parents as a hobby.

P. Venu (Expert) 22 October 2024
Admittedly, the senior citizen(s) is in receipt of pension. Is it not sufficient to maintain themselves?

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