Childless old lady can seek maintenance from anyone. My neighbor is an 80-year-old woman living alone in her home. Her husband was one of three brothers, and all have passed away. There are no male relatives residing in her household. The property she lives in is quite old, having been built by her great-grandfather-in-law. The daughter of her husband’s eldest brother lives in Indore. This daughter is married and works as a teacher in a government college. I approached her to assist in caring for the elderly woman, but she declined. The elderly woman’s condition is now deteriorating. She struggles to care for herself due to a lack of financial resources.
Several property dealers are approaching her to sell her house. However, the woman fears being cheated and is unable to relocate at this stage. We, her neighbors, are providing some care, but our assistance has limitations. Is there any legal provision to claim maintenance for this elderly woman? Someone suggested filing a case under Section 125 of the Criminal Procedure Code (CrPC). Please provide a legal solution to this problem.
Asked from: Madhya Pradesh
A childless elderly woman (senior citizen) can claim maintenance under Section 5 of the Maintenance and Welfare of Parents & Senior Citizens Act, 2007. This childless woman has the right to claim maintenance from relatives who will inherit her property.
It is an undisputed fact that the property is joint family property. Her great-grandfather-in-law owned this property and it has remained undivided. The daughter of the lady’s brother-in-law will inherit this property as she is the immediate legal heir.
Section 2(g) of the Senior Citizens Act, 2007 defines “relatives” as persons who will inherit the property of the senior citizen. According to Section 5 of the Act, a relative is also responsible for maintaining the senior citizen.
Section 5 of the Act, 2007 also provides that any other person or association can file a civil suit on behalf of the senior citizen. You can also file a civil suit on behalf of the elderly woman to claim her maintenance.
Thus the childless old lady can seek maintenance from her relatives under the Act 2007. This suit must be filed in the court of the Deputy Collector (maintenance tribunal) within whose jurisdiction the property is located. For more legal help please visit Kanoon India.
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