In S. Sheeja v. Maintenance Appellate Tribunal & Ors., the Kerala High Court ruled that the wife of a deceased nephew cannot be compelled to maintain a childless senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, unless she qualifies as a legal heir under applicable personal law.
A senior citizen had gifted her property in 1992 to her nephew, with a condition that he would care for her. After the nephew’s death in 2008, ownership passed to his wife, the petitioner in this case. The Maintenance Tribunal earlier held that possession of the property alone is sufficient to invoke maintenance obligations. However, the High Court overturned that view, emphasizing that mere possession or inheritance of property and also absent statutory heirship, is not enough to trigger liability under Section 4(4) of the Act.
Why It Matters
This judgment clarifies that maintenance obligations under the Act are strictly limited to persons who are both (a) legal heirs (defined under personal law), and (b) in possession of or entitled to inherit the senior citizen’s property. It safeguards non-heir transferees from unjust maintenance liabilities and provides clarity on inheritance-linked liabilities under the Act.
