Family › Senior citizen neglected by children
Gave property to my son and now he threw me out
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Before anything elseA gift made on condition of care can sometimes be cancelled by the Maintenance Tribunal.
Make my own list — free, 2 minutes
Your situation
- Did you give or transfer property to them? Yes, by gift deed
Where you stand
- In your favour If the gift was made on the understanding that you would be cared for, the tribunal can declare it void.
- Be careful Courts look for proof that care was a condition — write down what was promised and who heard it.
- Next step Apply to the Maintenance Tribunal; it should decide within 90 days.
Do these now
- Application to the Maintenance Tribunal (SDM office)
Starts the 90-day process — no lawyer is required. Where: SDM / tribunal office.
Papers to gather
- Age proof (Aadhaar, pension book or birth certificate)
The Act applies to parents and people 60+. - Proof of relationship to the children (birth certificates, ration card, family register)
Who can be ordered to pay. Where: Municipality, ration office. - List of monthly expenses with medical bills
Decides the amount. Where: Pharmacy and hospital bills. - What you know of their income, jobs, property
The tribunal looks at their means. Where: Your knowledge, salary info, property records. - Gift deed or transfer document, and anything showing it was on condition of care
Needed to ask for the transfer to be declared void. Where: Sub-registrar, your copy.
You may also need, depending on your answers
- Medical reports, photos, witnesses of neglect or abuse — Supports protection and eviction requests.
What the law says
Maintenance and Welfare of Parents and Senior Citizens Act, 2007: the tribunal (usually the SDM) can order up to ₹10,000 a month and should decide within 90 days. A transfer of property made on condition of care can be declared void if the care is refused (Section 23). Maintenance can also be claimed before a magistrate under the BNSS, without that cap.
General information, not legal advice.
Saboot will also ask
- Are you safe where you live?
- Who should be supporting you?
- Do you have your own income?
Similar situations
- Son and daughter-in-law not looking after us
- Old parents have no income and children won’t pay
- Elderly parent being beaten at home
- Daughter refuses to support aged parents
Sources
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Bharatiya Nagarik Suraksha Sanhita, 2023
The full guide: My children or relatives are not looking after me (senior citizen / parent) · All situations