Senior citizens in Kerala who have no children are only responsible for maintaining themselves, according to the Kerala High Court's latest ruling.
Kerala High Court Clarifies Maintenance Obligations for Senior Citizens
In a significant ruling, the Division Bench of the Kerala High Court has clarified the criteria for maintenance obligations under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The case involved a childless senior citizen who gifted her property in 1992 to her nephew, who later died in 2008, and the property passed to his wife, the appellant.
The Court held that a "relative" legally obligated to maintain a childless senior citizen must satisfy two cumulative criteria:
- The person must be a legal heir of the senior citizen under the applicable personal law (i.e., entitled to inherit the senior citizen’s estate upon death).
- The person must be in possession of or entitled to inherit the senior citizen’s property.
Mere possession or inheritance of property alone is insufficient to impose a maintenance obligation if the person is not a legal heir under personal law. For example, the Court held that a daughter-in-law who inherited property from her late husband (the senior citizen’s nephew) was not a legal heir of the senior citizen and therefore not liable to maintain the senior citizen, despite being in possession of the property.
This interpretation rejects earlier broader readings that construed the definition of "relative" to include anyone in possession of or set to inherit property from the senior citizen. Instead, the Court emphasized that the Act envisions a two-tier test and enforced a strict legal heir requirement to balance liabilities.
The Court allowed the appeal and set aside the single-judge's decision, concluding that the appellant could not be compelled to provide maintenance under Section 4(4) of the Act. The single-judge had interpreted the Act's provisions to mean that anyone in possession of or likely to inherit the property of a childless senior citizen qualifies as a 'relative' and thus, must maintain the senior citizen.
However, the Court left open the possibility for the aunt to pursue other remedies for an alleged violation of the gift deed's terms. The appellant was represented by advocates RT Pradeep, M Bindudas, and KC Harish, while the respondent was represented by advocate S Sujini.
In summary, for senior citizens without children in Kerala, only their legal heirs as defined by personal law who also possess or inherit their property can be compelled to provide maintenance under the Act. This ruling provides clarity and balance in the application of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
[1] https://www.barandbench.com/news/litigation/kerala-high-court-clarifies-maintenance-obligations-for-senior-citizens [2] https://www.livelaw.in/news-updates/kerala-hc-allows-appeal-sets-aside-single-judges-decision-holding-that-a-daughter-in-law-is-a-relative-under-section-2g-of-the-maintenance-and-welfare-of-parents-and-senior-citizens-act-2007-178402 [3] https://www.thehindu.com/news/national/kerala/hc-sets-aside-single-judges-order-on-maintenance-to-senior-citizen/article39138484.ece [5] https://indianexpress.com/article/cities/thiruvananthapuram/hc-allows-appeal-sets-aside-single-judges-decision-on-maintenance-to-senior-citizen-7946423/
Science can help clarify the intricacies of personal laws in determining legal heirs for the purpose of maintenance obligations. This clarity is crucial in understanding the scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, especially in the context of health-and-wellness and mental-health concerns for senior citizens. For instance, a comprehensive study could explore the impact of inadequate maintenance on the mental health of senior citizens in Kerala.
