Kerala High Court clarifies only legal heirs liable to maintain childless senior citizens

The Kerala High Court ruled that only legal heirs as defined under personal law are obligated to maintain childless senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Possession of a senior’s property alone does not create maintenance liability. In this case, the appellant had inherited property from her late husband, but wasn’t a legal heir of the senior citizen, and was not held responsible for maintenance.

The Court overturned earlier decisions, confirming that property possession doesn’t qualify someone as a ‘relative’ liable to maintain seniors.