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The short answer
Under the senior citizen maintenance Act (the Maintenance and Welfare of Parents and Senior Citizens Act, 2007), a parent or a senior citizen aged 60 or above who cannot maintain themselves can apply to the Maintenance Tribunal, which in Odisha is the Sub-Collector, for a monthly allowance of up to Rs 10,000 from their children or heirs. The case should be decided within 90 days, lawyers do not appear, and an appeal lies to the Collector within 60 days. The tribunal can also set aside a property transfer under Section 23 when the child fails to care for the parent.
The senior citizen maintenance Act in Odisha
The senior citizen maintenance Act that applies in Odisha is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a central law, read with the Orissa Maintenance of Parents and Senior Citizens Rules, 2009 (since amended), administered by the Social Security and Empowerment of Persons with Disabilities (SSEPD) Department. It gives parents and senior citizens a quick, inexpensive claim for maintenance before a tribunal instead of a regular court, and it protects them where they transferred property to a child or relative who then failed to look after them.
Who can claim, and against whom
- A parent (father or mother, including adoptive and step-parents), whether or not a senior citizen, can claim against one or more adult children, which includes sons, daughters, grandsons and granddaughters (Section 4).
- A childless senior citizen (aged 60 or above) can claim against a relative who is in possession of, or would inherit, the senior citizen's property.
- The claim succeeds where the parent or senior citizen cannot maintain themselves from their own earnings or property.
"Maintenance" covers food, clothing, residence, medical attendance and treatment (Section 2(b)). The tribunal can order a monthly allowance; the Act caps it at Rs 10,000 a month (Section 9), with interest of 5 to 18 per cent on late payment (Section 14).
Parents maintenance tribunal: the Sub-Collector
In Odisha the Maintenance Tribunal for each sub-division is presided over by the Sub-Collector (Sub-Divisional Officer), and appeals go to the Appellate Tribunal headed by the Collector of the district. For Bhubaneswar, that means the Sub-Collector's court of the Bhubaneswar sub-division in Khordha district. Ask the Sub-Collector's office or the District Social Security Officer which tribunal covers your address; you can file where you live or where the child lives.
How to file a maintenance claim, step by step
- Write the application under Section 5 to the Maintenance Tribunal. It can be filed by the parent or senior citizen, by a person or registered organisation they authorise if they cannot file themselves, or the tribunal can act on its own. State who the children or relatives are, their income and property, what you have and what you need each month.
- Attach papers: proof of age (Aadhaar, voter card), proof of relationship, details of your income or pension, medical prescriptions and bills, and, if property was transferred, a copy of the gift or sale deed.
- Notice and hearing. The tribunal issues notice to the respondent. It can order interim maintenance while the case is pending, and can refer the dispute to a Conciliation Officer for settlement.
- Time limit for decision. The application should be disposed of within 90 days of service of notice, extendable once by 30 days in exceptional cases (Section 5(4)).
- No lawyers. Section 17 says parties cannot be represented by a legal practitioner before the tribunal. A Maintenance Officer notified by the state can represent the parent if asked.
- Enforcement. If a child does not pay, the tribunal can issue a warrant to recover the amount, and can send the defaulter to prison for up to one month for each month's unpaid allowance (Section 5(8)).
Appeal. A senior citizen or parent unhappy with the order can appeal to the Appellate Tribunal within 60 days (Section 16). The children cannot use an appeal to hold up payment: the order runs while the appeal is pending.
Section 23: property given to a child on condition of care
Section 23(1) protects a senior citizen who, after the Act came into force, transferred property by gift or otherwise on the condition that the transferee would provide basic amenities and physical needs. If the transferee refuses or fails to do so, the transfer is deemed to have been made by fraud, coercion or undue influence, and the tribunal can declare it void at the senior citizen's option. Section 23(2) also lets a senior citizen enforce a right to maintenance out of an estate against a person who takes it with notice of that right.
In Urmila Dixit v. Sunil Sharan Dixit (January 2025) the Supreme Court set aside a gift deed to a son who did not care for his mother, held that Section 23 must be read liberally to achieve the Act's purpose, and confirmed that tribunals can order the transferee to restore possession. The full law on revoking a gift, including Section 126 of the Transfer of Property Act, is in cancelling a gift deed in Odisha.
Points that matter in practice: whether the deed or surrounding papers show the condition of care, the date of the transfer (Section 23 covers transfers after the Act), and whether the transferee has already sold to someone else.
Evict a son from the house: what senior citizens can do
The 2007 Act does not have a separate eviction section, but courts have held that tribunals can order an adult child or relative to leave a house belonging to the senior citizen where that is necessary to protect the senior citizen's life, property or maintenance. In S. Vanitha v. Deputy Commissioner, Bengaluru (2020) the Supreme Court said such orders must be balanced against a woman's right to reside in a shared household under the Domestic Violence Act, so a daughter-in-law's claim needs separate consideration (see protection under the DV Act). Several states have added an eviction procedure to their rules or action plans. Check the current Odisha procedure with the Sub-Collector's office before filing, and attach proof of your ownership and of the harassment or neglect.
If there is violence or a threat, contact the police at once (emergency 112). The national elder helpline Elder Line 14567 also gives information and help.
Abandonment is an offence
Under Section 24, a person who has the care of a senior citizen and leaves them in any place with the intention of wholly abandoning them can be punished with imprisonment of up to three months, a fine of up to Rs 5,000, or both. A complaint can be made to the police.
Senior citizens' tribunal or Section 144 BNSS?
Parents can also claim maintenance from a child before a Magistrate or Family Court under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 125 CrPC), explained in maintenance claims in Odisha. That route has no cap on the amount. A parent who has both options can choose one, but cannot get maintenance under both at the same time (Section 12 of the 2007 Act). The tribunal is usually quicker, needs no court fee and is held at the sub-division.
If you cannot afford help with papers or an appeal, the District Legal Services Authority can assist: see free legal aid in Odisha. Related work is described under family and succession.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଭରଣପୋଷଣ | bharanaposhana | maintenance |
| ଉପଜିଲ୍ଲାପାଳ | upajillapala | Sub-Collector |
Frequently asked questions
Where do I file a senior citizen maintenance case in Odisha?
Before the Maintenance Tribunal presided over by the Sub-Collector of the sub-division where you live or where your child lives. Appeals go to the Appellate Tribunal headed by the Collector.
What is the maximum maintenance under the Senior Citizens Act?
Rs 10,000 a month under Section 9 of the 2007 Act. A claim under Section 144 BNSS (old Section 125 CrPC) has no fixed cap.
Can parents evict their son from their house in Odisha?
Courts have held that the tribunal can order a child to leave the senior citizen's house where needed to protect them, but a daughter-in-law's right of residence under the DV Act must be considered. Check the current Odisha procedure with the Sub-Collector's office.
Can a senior citizen cancel a gift deed given to a son?
Under Section 23, if property was transferred on the condition that the son would provide basic needs and he fails to, the tribunal can declare the transfer void. See the guide on cancelling a gift deed for other routes.
Do I need a lawyer before the maintenance tribunal?
No. Section 17 bars legal practitioners from representing parties before the tribunal. A Maintenance Officer can represent a parent who asks.
How long does a senior citizen maintenance case take?
The Act says the tribunal should decide within 90 days of service of notice on the respondent, extendable once by 30 days.
Official sources
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (India Code)
- SSEPD Department, Odisha: Orissa Maintenance of Parents and Senior Citizens Rules, 2009
- Ministry of Social Justice and Empowerment: senior citizens' welfare
- Supreme Court of India: judgments (Urmila Dixit, 2025; S. Vanitha, 2020)
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.