Right to Property with Responsibility:

A Critical Analysis of Maintenance and Welfare of Parents and Senior Citizens Act, 2007

S. R. Aadhi Sree
VIT School of Law, Chennai, India.

Volume II – Issue III, 2020

To take care of parents is a virtue propounded by all the religions and faiths and a globally accepted culture, norm and ethic. Nevertheless, mushrooming old age homes across the length and breadth of the country stands testimony to the fact the aged parents in the Indian society are being neglected, despised and are left uncared for. In order to uphold the centuries old traditional culture, virtue and moral value that was prevalent in the Indian society until some decades back, in the interest of aged parents who are to be duly taken care of, the lawmakers of the country felt it appropriate to legislate a new law to care for the elderly and thus the “Maintenance and Welfare of Parents and Senior Citizens Act” came into being. The said act not only provides for the maintenance and welfare of aged parents/senior citizens but also casts upon the persons who would be inheriting the property of such parent/senior citizen, obligations, duties and responsibilities to take care of the latter when they are old and become dependent physically and psychologically. This paper intends to deliberate upon the said Act, especially Section 23(1) and suggest modifications to the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 so as to bring the lofty ideals of the Act into a reality.


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