Rights of the Old Parents

Introduction

Today, the rights of the old parents should be known to everybody. There are many situations in India when children leave their parents on the roads or at old age homes just because of their money or property. But it is morally, ethically as well as legally wrong. So, the question arises what can the old parents do in such a situation? What are the remedies available to the Senior citizens in this case? What is the last resort in this situation? What are the Rights of the old Parents in such a context? So let us discuss the remedies available to and the rights of the old parents.

Remedies available to old parents:-

The Government of India has enacted ‘The Maintenance of Parents and Senior Citizens Act, 2007‘ (herein referred to as the Act) to provide financial security, welfare, and protection for senior citizens. As the name, suggests this Act obliges the children to provide maintenance to their old parents and medical care to them. Before knowing the rights of the old parents, we should first know the meaning of certain terms to be used in this article.

Some Definitions

Maintenance

According to Section 2(b) of the Act – “Maintenance” includes provisions for food, clothing, residence and medical attendance and treatment.

Property

According to 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.

Senior Citizen

According to Section 2(h) of the Act – “Senior Citizen” means any person being a citizen of India, who has attained the age of sixty years or above.

Welfare

According to Section 2(k) of the Act – “Welfare” means provision for food, health care, recreation centers and other amenities necessary for the senior citizens.

Rights of the Senior Citizens

When a property is taken from parents by fraud or coercion or undue influence.

According to Section 23(1) of the Act provides that when a senior citizen has transferred his property in the form of a gift, on the promise of such person that he will provide the basic needs to such senior citizen, but after such transfer of property he refuses or fails to provide such promised facilities then the transfer of property is said to be transferred by fraud or coercion or undue influence. This will be declared as void by the Tribunal.

Punishment

According to Section 24 of the Act, whoever has the responsibility to take care of the Senior Citizens leaves him in any place with an intention of abandoning such old person, such person shall be punishable with imprisonment of a term of not more than three months or fine upto five thousand rupees or both.

How to apply for such provisions?

In case, the children or relative (any person to whom the property of the senior citizen is to be transferred after the death of such senior citizen) refuses to take care of the senior citizen, then such Senior citizen can make an application to the Tribunal under Section 4 of the Act. If the senior citizen is incapable of applying for such an application then the application can be made by any other person or organization authorized by him.

Conclusion

So, from this article, we have tried our level best to make each and every one aware of the rights of the old parents who are abandoned by their children or other relatives. In case, anybody who is going through such behavior of their children then he can make an application to the Tribunal in order to get justice.