Section 3 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.
Summary
- The provisions of this Act will apply even if they conflict with any other law currently in force.
- This overriding effect also applies over any legal document or instrument that gets its power from any other law.
- If another law has a rule that is inconsistent with this Act, the rules of this Act will take precedence and be followed.
Practical examples
FAQ
1. What happens if there is a conflict between this Act and another Indian law?
This Act has an overriding effect, meaning its provisions will be followed even if they are inconsistent with any other law.
2. Does this Act override personal family laws or registered agreements?
Yes, it overrides any other enactment or any legal instrument (such as an agreement or deed) that gets its force from any other law.
Test yourself
Q1.Under Section 3 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the legal status of this Act when its provisions conflict with another existing law?
Q2.Under Section 3 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, does the overriding power of the Act apply to private legal agreements or deeds?
Q3.Under Section 3 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if a state-level property law contains rules that contradict the maintenance rules of this Act, which rule must be followed?
Q4.Under Section 3 and Section 4 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if a son claims that a separate local family law exempts him from maintaining his adoptive mother, how does Section 3 resolve this claim?