Family Law

Can I claim maintenance from my adult son who refuses to support me in old age?

Asked by Anonymous · Answered 18 Feb 2026

The Question
I am an elderly parent, and my adult son who is financially capable is refusing to support me despite my limited means. What legal options do I have?
Answer — MyLawIndia Legal Team

Yes, senior citizen welfare law specifically provides you with the right to claim maintenance from your children (or, in the absence of children, other relatives who would inherit your property) if you are unable to maintain yourself from your own income or property, and they have sufficient means to support you.

You can approach the Maintenance Tribunal constituted under this law, which offers a considerably faster, simpler process compared to an ordinary civil suit — the tribunal can direct your son to pay a monthly maintenance amount, and non-compliance with its order can result in penalties including imprisonment.

If you had previously transferred any property to your son with the expectation (express or implied) that he would take care of you, and he has since failed to do so, the same law also provides a specific remedy allowing you to have that transfer declared void in appropriate circumstances. Given the relative simplicity of this process, it's worth approaching your local Maintenance Tribunal directly, or consulting a lawyer who can guide you through filing the application.

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