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Key Definitions — Section 2
2.1 Comprehensive Definitions for Exam
Section 2(a) — Children:
"Children" means son, daughter, grandson, and granddaughter but does not include a minor.
- Adult children only: Minor children cannot be made liable for maintenance
- Grandchildren: Grandsons and granddaughters are included — become primarily liable when the senior citizen's children are not alive or are unable to maintain
- Son and daughter: Both equally obligated — Act is gender-neutral for children
Section 2(b) — Childless senior citizen:
A senior citizen who has no child — entitled to claim maintenance from relatives (Section 2(g)).
Section 2(c) — Maintenance:
Means provision for food, clothing, residence, and medical attendance and treatment.
- Note: This is a comprehensive definition — not just money for food, but includes clothing, residence (housing), and medical treatment. A child who pays some money but denies the parent residence can still be found to have failed the maintenance obligation.
Section 2(d) — Parent:
Father or mother whether biological, adoptive, or step-parent — and includes a father-in-law or mother-in-law (in relation to a widowed daughter-in-law — added to ensure daughters-in-law also get protection as senior citizens through their children if they are senior citizens).
Section 2(g) — Relative:
Any legal heir of the senior citizen who is not a child, and who possesses sufficient means and who would inherit the property of such senior citizen after death.
- Example: A nephew/niece who is a legal heir and would inherit property from the childless uncle/aunt is obligated to maintain the uncle/aunt.
- Key condition: The relative must possess "sufficient means" — not an absolute obligation regardless of their financial capacity.
Section 2(h) — Senior Citizen:
Any citizen of India who has attained the age of 60 years or above.
