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Section4
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Maintenance of parents and senior citizens

In force Act 56 of 2007 As on 14 Oct 2026

Act 56 of 2007 Ministry Social Justice and Empowerment Enacted 29 Dec 2007 Cited by 1 provision Instruments 5

Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 deals with maintenance of parents and senior citizens. A senior citizen including parent who is unable to maintain himself from his own earning or out of the 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; The Act was enacted on 29 Dec 2007.

(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the 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 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.

Section 4, The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 2 Definitions
  2. s. 5 Application for maintenance

Referred to by 1

  1. s. 5 Application for maintenance

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District

    Supreme Court of India 15 Dec 2020 Binding (Supreme Court) Reportable (2021) 15 SCC 730

    Court's Decision & Legal Precedent

    Judgement of Main Case order-7.pdf 2020-12-15 DATE-CHECK FP (2019-09-17 HC / 2019-12-31 vacate / 2002-05-30 marriage are fact dates; body is CA 3822/2020 Chandrachud REPORTABLE Smt. S Vanitha v. Deputy Commissioner). Isolate: Tribunal may order eviction as an incident of maintenance and protection of life/property under the Senior Citizens Act, but must advert to a competing PWDVA s.17 shared-household claim; s.3’s non-obstante clause does not automatically oust the DV Act. s.4 is the maintenance entitlement; s.23 is the transfer/estate-enforcement provision. Do not pad DV 17 (already filled by Satish Chander Ahuja).

    On this section: Senior Citizens Act s.4: a parent/senior citizen’s maintenance entitlement (including residence) can support an incidental eviction order, but the Tribunal must weigh a daughter-in-law’s competing PWDVA shared-household claim (Vanitha). Do not pad DV 17.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

5 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 4

What have the courts held on Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act?

Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District (15 Dec 2020) is the leading judgment on this section among those set out below: Senior Citizens Act s.4: a parent/senior citizen’s maintenance entitlement (including residence) can support an incidental eviction order, but the Tribunal must weigh a daughter-in-law’s competing PWDVA shared-household claim (Vanitha). Do not pad DV 17.

How do I find court cases under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Senior Citizens Act 4, section 4 Senior Citizens Act, section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District (15 Dec 2020).

What should I read with Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, and has it changed?

Its own text turns on section 2 (Definitions), section 5 (Application for maintenance), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 5 instruments name it without being made under it, most recently Notification S.O. 1436(E) (2011), then Notification S.O. 1436(E) (2011).

When was Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act enacted?

Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, cited as Senior Citizens Act 4, was enacted on 29 Dec 2007 as Act 56 of 2007. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.