Criminal Law GK - 7 Maintenance of Parents and Senior Citizens Act 2007 application for maintenance, liability of children and relative, Jurisdiction, Interim order, Maximum period for disposal of case, Punishment, Appeal, Cancellation of Transfer of Property

SNo	Legal Term/Question	Answer
1	What is age limit for senior citizen to get maintenance as per the Act	As per Section 5 of the Act Senior citizen who has attained 60 years is entitled for maintenance, if he is unable to maintain himself.
2	What is the application of Maintenance of Parents and Senior citizens Act for maintenance to parents	Parent who is unable to maintain himself from his own earning or out of property owned by him or her is entitled for maintenance as per Section 5 of the Act. As per section 2(3) of the Act father or mother whether biological or adoptive is entitled for maintenance.
3	What is the meaning of property in the Act	As per Section 2(f) of the Act 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.
4	What is the meaning of Maintenance	Maintenance includes provision for food, clothing, residents and medical attendance for normal treatment.
5	What is the meaning of welfare in the Act	Welfare includes provision for food, clothing, residence and medical attendance and treatment.
6	How to file application for maintenance	Parent or grand parent are entitled to file application for maintenance against one or more of his children. A childless senior citizen is entitled to file application for maintenance against any relative.
7	Can expenses be claimed	Under this Act senior citizen or parent is entitled to claim expenses for the proceedings also.
8	What is the extend of liability of children or relative to maintain senior citizens	Maintenance to lead a normal life must be provided. In case of more than one relative proportionate amount of maintenance is payable
9	What is the liability of children for maintenance of parent	Children are liable to give maintenance to father or mother to lead a normal life.
10	Where to file the Application for grant of maintenance to Senior Citizens	As per Section 7 of the Act application should be filed with the Tribunal

SNo	Legal Term/Question	Answer
11	Whether tribunal has the power of court	Yes, Tribunal shall have all powers of a Civil Court for the purpose of taking evidence on oath. Tribunal also has the power to secure presence of witnesses and compelling discovery and production of documents and material objects.
12	What is the Jurisdiction to file application	Application for maintenance can be filed against any children or relative in any district: - Where the applicant resides or last resided or - Where children or relative resides
13	Who can file application	Application may be filed by: Senior Citizen or Parent or any other person or organization authorised by the applicant
14	Can the Tribunal suo motu take cognizance	Yes, the Tribunal can Suo Motu take cognizance of the matter regarding grant of maintenance
15	Whether notice issues to the children	Yes, as and when the application is filed, its notice is to be issued to the children or relative against whom application has been filed.
16	How Reference are made	Before hearing the application, Tribunal may refer the same to the conciliation officer.
17	How to dispose of the application	Parties will be heard, tribunal will hold and enquiry.
18	Is legal representation allowed	No party to the proceedings under this act shall be represented by a legal person. Parties may send authorised persons.
19	What is the maximum period for disposal	90 days from the date of notice served upon the parties. This may extend once for a maximum period of 30 days
20	Is Interim maintenance allowed	Tribunal is empowered to direct for interim maintenance

SNo	Legal Term/Question	Answer
21	How order of maintenance is issued	When the tribunal is satisfied that the applicant is unable to maintain himself and the children or relative neglect to maintain, the Tribunal may pass order for maintenance.
22	What is the maximum amount of maintenance	As per Section 9 of the Act maximum maintenance amount is Rs. 10000/- per month. But the state government may prescribe amount in this regard.
23	Can interest be claimed on pending amount	As per Section 14 of the Act interest not less than 5% or not more than 18% can be claimed.
24	If the respondent dies after passing the order what happens	As per subsection 6 of Section 5 death of one respondent does not affect the liability of others
25	When maintenance starts	As per Section 5(7) it starts from the date of order or the date prescribed by Tribunal
26	What if the amount is not paid	The defaulter may be sentenced for one month or till the amount is paid
27	What is the due date to pay maintenance	Within 30 days of the date of announcing order
28	Is alteration or cancellation of maintenance order allowed	Alteration may make on proof of: - Misrepresentation of fact - Mistake of facts - Change in circumstance of person receiving monthly allowance - Having reward to any decision of competent civil court as per Section 10
29	How to enforce order of maintenance	As per section 11 the order can be enforced through the tribunal which passed the order
30	What is the time limit for filing appeal	Appeal can be filed with appellate tribunal within 60 days. In specific circumstances the appellate tribunal may entertain appeal even after this period of 60 days.
31	Is legal practitioner allowed in hearing of appeal	No legal practitioner is allowed in hearing of appeal
32	Is paying maintenance is mandatory when appeal is filed	Yes, it is mandatory when no stay is granted
33	Is civil court has Jurisdiction to deal with the matter	No Civil court have jurisdiction with respect to any matter to which provision of this Act applies.
34	What are the offences and punishment	As per Section 24 of the Act if a senior citizen is abandoned the responsible person is liable to be sentenced to imprisonment for a period which may extended to 3 months or fine of Rs. 5000 or with both.
35	Is the offence is bailable	Yes Refer, Section 24 to 26
36	When transfer of property is void	When senior citizen or parents transfer their property to children or relative with the hope or on assurance that children or relative shall take care of the senior citizen or parents, but their care is not taken at all.
37	What is the procedure to declare transfer of property to be void	Application should be filed under Section 23 of the Act.