Section 2 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
In this Act, unless the context otherwise requires,--
- (a)"children" includes son, daughter, grandson and grand-daughter but does not include a minor;
- (b)"maintenance" includes provisions for food, clothing, residence and medical attendance and treatment;
- (c)"minor" means a person who, under the provisions of the Majority Act, 1875 (9 of 1875) is deemed not to have attained the age of majority;
- (d)"parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen;
- (e)"prescribed" means prescribed by rules made by the State Government under this Act;
- (f)"property" means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property;
- (g)"relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death;
- (h)"senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above;
- (i)"State Government", relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution;
- (j)"Tribunal' means the Maintenance Tribunal constituted under section 7;
- (k)"welfare" means provision for food, health care, recreation centres and other amenities necessary for the senior citizens.
Summary
- A senior citizen is defined as any citizen of India who is sixty years of age or older.
- A parent can be a biological, adoptive, or stepmother or stepfather, and they do not have to be sixty years old to qualify under this definition.
- Children include sons, daughters, grandsons, and granddaughters, but this term does not include anyone who is still a minor.
- A minor is defined as a person who has not reached the age of majority under the Majority Act, 1875.
- Maintenance includes basic life necessities, specifically food, clothing, housing, and medical attendance and treatment.
- A relative is any legal heir of a childless senior citizen who is not a minor and either possesses or will inherit that senior citizen's property.
Practical examples
FAQ
1. Does a stepmother qualify as a parent under this law?
Yes, the definition of parent explicitly includes biological, adoptive, and stepmothers or stepfathers.
2. Do grandchildren have a legal duty to maintain their grandparents under this law?
Yes, the definition of children includes grandsons and granddaughters, provided they are not minors.
3. Does a parent have to be over sixty years old to claim maintenance?
No, the definition of parent applies whether or not the father or the mother is a senior citizen.
4. What kinds of property are covered under the definition of property?
Property includes any kind of property, whether movable, immovable, inherited from ancestors, self-earned, tangible (physical), or intangible (like legal rights and interests).
Test yourself
Q1.Under Section 2 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which of the following relatives is excluded from the definition of children?
Q2.Under Section 2 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the minimum age required for an Indian citizen to be classified as a senior citizen?
Q3.Under Section 2 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what items are officially included under the definition of maintenance?
Q4.Under Section 2 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which of the following is a necessary condition for a person to be classified as a relative of a childless senior citizen?
Q5.Under Section 2 and Section 7 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what does the term Tribunal refer to, and which authority establishes it?