INTRODUCTION
On August 7th 2025, the Kerala HighCourt marked an important judgement on the liability of a non-legal heir in maintenance of the childless senior citizens under Maintenance and Welfare of Parents and Senior Citizens Act 2007. The Bench comprises of Justice Sathish Ninan and Justice P. Krishnakumar.
BACKGROUND OF THE CASE
The Petition was filed after several rounds of litigation from different authorities. The background of the case was that in the year 1992 the senior citizen who is also a respondent in the above case gifted her property to her nephew. Later the nephew died and his property transferred to his legal heir, that is his wife who is the petitioner in this case. The senior citizen claimed that according to section 4(4) of the act, the petitioner who is using her gifted property has the liability to take care of her.
LEGAL STAGES OF THE CASE
The senior citizen claimed for the maintenance from the petitioner as she is in the possession of the gifted property. The maintenance tribunal passed an order that it is the liability of the appellant to maintain the senior citizen. Later the case came before the Single Bench of the High Court of Kerala and the judge also ordered that the appellant is liable for maintenance. Aggrieved by this order the appellant filed an appeal against the order in the High Court of Kerala.
RULES REGARDING THE CASE
Section 4(4) of the Act mentions that ”Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen”. Also in Section 2(g) of the Act defines the term relative. It defines that a person must be a relative that have follow some specific conditions,
- Person should not be a minor
- Person who is a legal Heir under Personal Laws
- People who have to possess the property of the senior citizens.
JUDGES POINT OF VIEW
The Judges of High Court of Kerala heard the appeal and on the view that the mere possession of property doesn’t make any person liable for the maintenance of the childless senior citizens. The appellant is the widow of the nephew of the senior citizen so she is not a legal heir or it doesn’t come under the term ‘relative’. Any one who is not a legal heir cannot be compelled to take up the liability in the maintenance of the senior citizens in the name of personal obligations Hence the appeal allowed and quashed order of Maintenance Tribunal
CONCLUSION
The Kerala High Court marked a ruling that only the legal heirs are liable for the maintenance of the childless seniors who inherit the property. Mere personal obligation cannot be a reason for the maintenance. In the above case the appellant does not come under the definition of relative and she is not a legal heir hence she is not liable for the maintenance of senior citizens. The senior citizen has the right to pursue other remedies regarding the gift deed.
AUTHOR DETAILS:
Aswathy S Menon, a law graduate from Mar Gregorios College of Law, Thiruvananthapuram, and Practicing as a lawyer at High Court of Kerala with over two years of experience in litigation, compliance, and legal research. She has contributed to legal content writing and worked on civil, criminal, and corporate matters, with particular interests in corporate governance, contract law, and dispute resolution.