Senior Citizens — Maintenance & Protectionवरिष्ठ नागरिक — भरण-पोषण एवं संरक्षण — MWPSC Act 2007 / 2019 Amendment

The MWPSC Act 2007 is a central law that: (1) makes it a legal obligation for children and grandchildren to maintain their aged parents/grandparents; (2) provides a fast-track Maintenance Tribunal (at SDM level) for maintenance applications — 90-day target; (3) protects senior citizen's property from children who neglect them after receiving the property (S.23); (4) after the 2019 Amendment — senior citizens can also get children evicted from their own property through the SDM (S.22A), and there is no cap on the maintenance amount.

Senior citizens (60 years and above) — parents and grandparents — can claim maintenance from their children and grandchildren who are not minors and who have sufficient means. The 2019 Amendment expanded coverage to include: step-children, adoptive children, and caretakers who have received property from senior citizens. The application is filed before the Maintenance Tribunal (at SDM level) in Delhi. No advocate is mandatory — senior citizen can appear personally. The Act applies to all religions.

Before the 2019 Amendment — the MWPSC Act capped maintenance at ₹10,000 per month. After the 2019 Amendment — the cap has been removed. The Tribunal now awards an 'adequate amount' based on: (a) the senior citizen's needs — food, medical, shelter; (b) the income and financial capacity of the children/respondents; (c) the lifestyle the senior citizen was accustomed to. Tribunals can now award higher amounts in appropriate cases — especially where children are high earners.

Yes — the 2019 Amendment added Section 22A to the MWPSC Act: if an adult child or relative living in the senior citizen's property abuses, threatens, or neglects the senior citizen — the senior citizen can apply to the Maintenance Tribunal (SDM) for eviction of the child/relative from their property. The SDM has summary power to pass an eviction order — no civil court proceedings required. Delhi HCs have upheld this provision. The order is executable with police assistance.

S.23 MWPSC Act: if a senior citizen has transferred their property (by gift, sale, or otherwise) to a child or relative — with the condition that the transferee will maintain and care for the senior citizen — and the transferee thereafter neglects or abandons the senior citizen — the Tribunal can declare the transfer void. The property reverts to the senior citizen. The senior citizen does not need to file a separate civil suit — the Tribunal exercises this power summarily. This is one of the strongest protections against elder exploitation.

The MWPSC Act mandates: (a) Interim maintenance order: within 1 month of filing the application; (b) Final disposal: within 90 days of filing. These are statutory targets — courts must follow. Violation of the maintenance order: the amount is recovered as arrears of land revenue (faster recovery than civil suit). If children still fail to pay despite the order — imprisonment up to 3 months is possible.

Yes — both can be filed simultaneously. They are different proceedings before different forums: MWPSC Act: before Maintenance Tribunal (SDM) — specifically designed for senior citizens — welfare-oriented. BNSS S.144 (formerly CrPC S.125): before Judicial Magistrate — secular maintenance for all — faster interim orders sometimes. However: amounts awarded must be adjusted — cannot receive double maintenance for the same period. Both can run simultaneously — the total effective amount is adjusted.

Immediate steps: (1) Call Delhi Police Senior Citizen Helpline: 1291 — immediate police response; (2) Call Women's Helpline (if female): 1091; (3) File police complaint under BNS S.85 (domestic cruelty), S.121-124 (hurt), or S.136 (abandonment); (4) File MWPSC Act application before SDM for maintenance + eviction of abusive child from your property; (5) File PWDV Act application before Magistrate for Protection Order if living in domestic relationship; (6) Contact Delhi Legal Services Authority for free legal aid.

Yes — under MWPSC Act S.23: if the property was transferred on the condition (express or implied) that the transferee would maintain the senior citizen — and the transferee has neglected or abandoned — the Tribunal can void the transfer. The senior citizen must show: (a) property was transferred to the children; (b) there was a condition of maintenance; (c) children have since neglected or abandoned. Evidence: gift deed, bank records showing no financial support, photographs, witnesses. The remedy is summary — SDM passes the order — no civil court needed.

Yes — multiple criminal provisions: (1) BNS S.136: abandonment of senior citizen by caretaker — imprisonment up to 7 years; (2) BNS S.85 (formerly IPC S.498A): domestic cruelty — covers senior citizens in domestic relationships; (3) BNS S.316: criminal breach of trust — if children misappropriate senior citizen's money or property; (4) BNS S.121-124: hurt and grievous hurt — physical abuse; (5) PWDV Act S.12: Protection Order if senior citizen is a woman in a domestic relationship. Police must register FIR on elder abuse complaints — Delhi Police Senior Citizen Cell (1291) actively monitors elder abuse cases.