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Predicted Questions with Model Answers
Q1 (5 marks — 50 words): Define "relative" and "children" under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. Who has the primary obligation to maintain?
Model Answer:
Under MWPSC 2007: "Children" (Section 2(a)) means adult son, daughter, grandson, and granddaughter — grandchildren become liable when children are not alive or unable to maintain. "Relative" (Section 2(g)) means any legal heir who would inherit the senior citizen's property after death, who is not a child — typically nephews/nieces. Primary obligation: Adult children of the parent/senior citizen. Relatives are liable only when the senior citizen is childless.
Word count: 53 words EN
Q2 (5 marks — 50 words): What is the Maintenance Tribunal under MWPSC 2007? How is it different from a court under Section 125 CrPC?
Model Answer:
Under Section 7 MWPSC 2007, the Maintenance Tribunal is presided by the Sub-Divisional Magistrate — an administrative body for quick, inexpensive redress. Key differences from Section 125 CrPC: (1) Tribunal resolves in 90 days (vs. no limit under CrPC); (2) covers grandchildren and relatives (CrPC covers only children); (3) maximum ₹10,000/month (states can enhance) vs. no ceiling in CrPC; (4) Tribunal can void property transfers (Section 23) — CrPC has no equivalent. Appeal lies to District Magistrate.
Word count: 54 words EN
Q3 (5 marks — 50 words): Explain Section 23 of MWPSC 2007. When can a property transfer by a senior citizen be declared void?
Model Answer:
Section 23 MWPSC 2007: If a senior citizen transfers property — by gift or otherwise — with a condition that the transferee shall provide maintenance, and the transferee refuses or fails to do so, the transfer shall be deemed void from the beginning (ab initio). The Maintenance Tribunal (SDM) can directly declare it void — no need for a civil court suit. This protects elderly parents who transferred property to ungrateful children in exchange for care that was never provided.
Word count: 53 words EN
Q4 (5 marks — 50 words): What is the offence of abandonment of senior citizens under Section 24 of MWPSC 2007? What welfare obligations does the Act impose on state governments?
Model Answer:
Section 24 MWPSC: Any person responsible for maintenance who intentionally abandons a senior citizen is punishable with imprisonment up to 3 months or fine up to ₹5,000 or both. State government welfare obligations: (a) Section 19 — establish Old Age Home in each district (min. 150 persons); (b) Section 20 — beds in government hospitals for chronically ill; treatment in all govt hospitals; (c) Section 21 — protect life and property of senior citizens; (d) Section 22 — awareness programmes.
Word count: 52 words EN
Q5 (5 marks — 50 words): Who can file an application for maintenance under MWPSC 2007, and what does "maintenance" include under the Act?
Model Answer:
Under MWPSC 2007, an application for maintenance may be filed by: (1) the senior citizen or parent themselves; (2) any person authorised by them if unable due to incapacity; (3) the Tribunal suo motu on receipt of information. "Maintenance" (Section 2(c)) includes: provision for food, clothing, residence, and medical attendance and treatment — a comprehensive definition that goes beyond mere financial allowance. Application goes to Maintenance Tribunal (SDM) against children and/or relatives. Order must be passed within 90 days.
Word count: 55 words EN
Q6 (5 marks — 50 words): What changes did the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill 2019 propose?
Model Answer:
The MWPSC Amendment Bill 2019 proposed: (1) Remove the ₹10,000/month ceiling on maintenance — amount based on actual needs and children's means; (2) Expand "relative" definition to include more categories of legal heirs; (3) Regulate private old age homes — mandatory registration, standards, regular inspection; (4) Expand children's duty to include emotional care, not just financial maintenance; (5) Strengthen police response to elder abuse and abandonment. The Bill reflects India's growing recognition of elder care as a serious social and legal challenge.
Word count: 54 words EN